Toward A Comprehensive Theory of Standard Form Contract Law: A Synthesis of the Best from Germany and America

Authors

Dagmar Thurmann, University of Georgia School of LawFollow

Abstract

The theory of this paper is simple: the law has to deal with 20^th Century real contracts instead of blindly applying 19^th 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.

Repository Citation

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. 156.
https://digitalcommons.law.uga.edu/stu_llm/156