Published online by Cambridge University Press: 11 September 2026
Chapter 9 examines the legal, economic, and ethical dimensions of using nonnegotiated form contracts to bar class action lawsuits. The chapter begins by recounting recent legal changes. It then examines the economic risks posed by class action litigation and discusses the contractual solution. The chapter closes with the ethical requirements for companies when contracting from a position of advantage. The professional self-restraint advocated in this closing chapter dovetails with positions taken throughout this book. In particular, the call for self-restraint in contracting jettisons the financial risk management approach to compliance in favor of the corporate social responsibility approach outlined in earlier chapters.
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