{"title":"Boilerplate and contractual language: Pseudo-contract or blanket assent?","authors":"B. Butler","doi":"10.1515/ip-2023-3001","DOIUrl":null,"url":null,"abstract":"Abstract In this article I analyze Kar and Radin’s critique of boilerplate text in contract. The problems identified in boilerplate are significant. I then describe the test that they offer to distinguish between proper contract and “pseudo-contract” in boilerplate. The test is constructed upon the use of Gricean Maxims slightly modified for the context of contract law. Next, Karl Llewellyn’s test for boilerplate is described. Ultimately, through the use of a couple of examples it is argued that Llewellyn’s test is a better option. Even with this result, much of the Kar and Radin critique of boilerplate is significant and valuable.","PeriodicalId":13669,"journal":{"name":"Intercultural Pragmatics","volume":null,"pages":null},"PeriodicalIF":1.8000,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Intercultural Pragmatics","FirstCategoryId":"98","ListUrlMain":"https://doi.org/10.1515/ip-2023-3001","RegionNum":2,"RegionCategory":"文学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"N/A","JCRName":"LANGUAGE & LINGUISTICS","Score":null,"Total":0}
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Abstract
Abstract In this article I analyze Kar and Radin’s critique of boilerplate text in contract. The problems identified in boilerplate are significant. I then describe the test that they offer to distinguish between proper contract and “pseudo-contract” in boilerplate. The test is constructed upon the use of Gricean Maxims slightly modified for the context of contract law. Next, Karl Llewellyn’s test for boilerplate is described. Ultimately, through the use of a couple of examples it is argued that Llewellyn’s test is a better option. Even with this result, much of the Kar and Radin critique of boilerplate is significant and valuable.
期刊介绍：
Intercultural Pragmatics is a fully peer-reviewed forum for theoretical and applied pragmatics research. The goal of the journal is to promote the development and understanding of pragmatic theory and intercultural competence by publishing research that focuses on general theoretical issues, more than one language and culture, or varieties of one language. Intercultural Pragmatics encourages ‘interculturality’ both within the discipline and in pragmatic research. It supports interaction and scholarly debate between researchers representing different subfields of pragmatics including the linguistic, cognitive, social, and interlanguage paradigms. The intercultural perspective is relevant not only to each line of research within pragmatics but also extends to several other disciplines such as anthropology, theoretical and applied linguistics, psychology, communication, sociolinguistics, second language acquisition, and bi- and multilingualism. Intercultural Pragmatics makes a special effort to cross disciplinary boundaries. What we primarily look for is innovative approaches and ideas that do not always fit into existing paradigms, and lead to new ways of thinking about language. Intercultural Pragmatics has always encouraged the publication of theoretical papers including linguistic and philosophical pragmatics that are very important for research in intercultural pragmatics.
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