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Modern industry and commerce have brought radical changes to the mechanism of contract. Legislators and lawyers to a great extent still look upon a contract as a bargain which emanates from negotiations between two individuals who are trying to influence the final result in accordance with their interests. The fact is, however, that the bulk of the contracts in a modern community are made without very much negotiation. One party-the customer-is free to choose the type of thing or benefit he wants, but the other party usually dictates the other conditions. This tendency has given rise to special legislation in all civilized countries to establish the general contractual pattern which a certain industry should apply, often by means of mandatory rules. In most fields, however, there is still left a considerable degree of freedom, not a freedom to negotiate and frame individual contract terms, but a freedom for the stronger party to insist on his general terms. These terms will invariably form the basis for the legal relations between the industry and the public and will obtain much the same character as statutory law. Just as public authorities administer public law in their dealings with citizens, the great firms and industries administer their standard contract forms. Given the enormous number of individual decisions that have to be made, legal proceedings will be the rare exceptions in private business as well as in public administration. The executive officer of a big company basing its commerce on standard contracts therefore will, like the public administrator, distribute benefits and impose liabilities in accordance with legal texts, and the persons with whom he deals will more often than not have little legal knowledge and little insight in this particular area of administration or business.

Gratuitous Deviation from the Terms of Form Contracts: Scandinavian Insurance Companies' Administration of Deferred Acceptance-of-Risk Clauses