A Comment on 'An Ex-Ante View of the Battle of the Forms: Inducing Parties to Draft Reasonable Terms' by Omri Ben-Shahar

In this paper, I argue that Omri Ben-Shahar's thesis, while extremely interesting and provocative, may overlook other aspects of this complex problem. In particular, I suggest that the implementation of the proposed normative approach would not necessarily lead to the desired effects, and it may also significantly increase the level of transaction costs.