deepal C

Speaking of Regulation

“If the industries that employ standard forms do not police themselves so as to insure inherent fairness of forms, it is likely that the courts will increasingly refuse legal effect to non-negotiated terms of a contract and that standardized forms, as in the case of insurance policies, will be dictated by legislatures or administrative agencies.”

- Calamari and Perillo on Contracts

Sometimes I think it makes more sense to view the courts as something of a free market system of legislation confined to the bounds that the legislature sets.  Here the legislature would just be trying to fast-forward things and streamline them by dictating standard terms.