Your Terms or Mine? The Duty to Read the Fine Print in Contracts
研究不同法律规则如何影响买卖双方在标准格式合同中的谈判博弈，发现传统普通法规则对鼓励阅读合同作用甚微，且可能不如提供推定担保的规则有效率。
This paper examines the legal rules that govern the interpretation of standardized form contracts.Different legal rules induce different bargaining games between buyers and sellers, and can have consequences for the efficiency of exchange when communication is costly.The traditional common-law rule, which binds an assenting recipient of a form contract to fine-print terms he has not read, has little effect in encouraging parties to read contracts, contrary to the conventional wisdom among lawyers.Instead, there is little practical difference between a rule that nominally holds the drafter of a fQrm contract responsible for communicating its terms, and one that holds the receiving party responsible.Moreover, the traditional rule may be Pareto inferior to a rule providing presumptive warranties when negotiation is costly.