The theory of this paper is simple: the law has to deal with 20th Century real contracts instead of blindly applying 19th Century classical “bargained for” contract law. Not to face the reality of the modern “unbargained for” adhesion contract disappoints the justified expectations of both parties, that is, the one drafting standard form terms and the one submitting to them. The subject of standard contract forms is appropriate for a comparative analysis between German and American contracts law.
Thurmann, Dagmar, "Toward A Comprehensive Theory of Standard Form Contract Law: A Synthesis of the Best from Germany and America" (1986). LLM Theses and Essays. Paper 156.