Review Essay: The Problem of Standard Form Contracts: A Retreat to Formalism

Abstract

In her important book, Boilerplate: the Fine Print, Vanishing rights, and the Rule of Law, Professor Margaret Jane Radin has argued that the widespread use of standard form contracts has resulted in the imposition of contractual liability where there is no real consent, and that, consequently, important democratic rights are being eroded by private enterprises in pursuit of their own interests. This article discusses Radin’s thesis from the point of view of Canadian law, concluding that the dangers pointed out by Professor Radin are very real, and that Canadian law has not made full use of the legal techniques available to avoid them.