ABSTRACT

The classical contract model developed at a time when most negotiations were conducted face-to-face by two parties. Doctrines associated with this model and its neo-classical offshoot continue to dominate the modern development of the law of contract despite the fact that a considerable number of legal agreements are now standard form contracts containing written express terms prepared in advance of negotiations and exchange by parties other than those contracting. Standard form contracts probably account for the vast majority of all the contracts now made. Most people have difficulty remembering the last time they contracted other than by standard form and except for casual oral arrangements, they probably never have. Most of us contract by standard form several times a day. Car park and cinema tickets, department store charge slips and petrol station credit card purchase slips are all standard form contracts.