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This document is a synopsis of contracts project on the topic standard form contracts of semester I. It consists in introduction, sop, hypothesis, chapterization etc
Typology: Schemes and Mind Maps
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Standard form contract is “ take it or leave it” type of contract. These contracts are a common feature of commercial relationships. These contracts are non-negotiable contracts i.e, in these contracts, the other party is not in position to negotiate with the terms and conditions that are laid down in the contract .Standard form of contract can also be referred to as a ‘contract of adhesion’, a ‘leonine contract’, or a ‘boilerplate contract’. Standard form contracts are standardized, non-negotiable and are in pre-written form. This type of contracts are usually used by people conducting similar business transactions. Generally, these types of contracts are drafted by or on behalf of one party to the transaction – the party with superior bargaining power who routinely engages in such transactions. Standard form of contracts are generally B2C contracts i.e., Business – to – consumer. They undoubtedly promote economic efficiency .These contracts play a very important role in the mass distribution of goods and services because these contracts reduce costs, they leave less room for deviation and are legally viable as they are generally drafted by highly knowledgeable corporate lawyers. These contracts also speed up the bidding process as they leave no scope for negotiation.
i. The primary objective of this object is to study and analyze the Standard form contract. ii. To study and understand the nature of terms and conditions formed with special reference to the scope and limitations of the same. iii. To discuss common law status of Standard form contract with analysis of cases so that it can promote economic efficiency.
1.Article titled, ‘Standardization of Standard Form Contracts’ by Mark R. Patterson This article has analyzed Standard Form Contracts in detail has suggested ways to balance competition and contract concerns. 2.Research paper titled, ‘The hidden roles of Boilerplate and Standard form contracts’ by Michigan Law Review. This research paper explains the advantages and disadvantages of Standard Form y 3.‘Law of Contract & Specific Relief’ by Avtar Singh This renowned textbook on Indian Contract Act, 1872 and Specific Relief by noted jurist and writer Dr. Avtar Singh provides in depth knowledge of Standa rd Form Contracts with the help of relevant cases. 4.Article titled, ‘Legal Liability in Standard Form Contract’ by Munnie Yasmin This article elaborates the liabilities of the parties and state in drawing up standard form of contracts. It also highlights the aspect of problems arising in the standard form contracts and its consequence as imbalance position of the parties.
