See Lucian A. Bebchuk & Richard A. Posner, One-Sided Contracts In Competitive Consumer Markets, 104 MICH. L. REV. 827, 830 (2006) (arguing that buyers, especially opportunistic buyers, have an advantage over repeat sellers who are concerned about their reputation, but that this imbalance can be evened by terms
that favor the sellers but that sellers will not enforce against "fair buyers"); Jason Scott Johnston, The Return of Bargain: An Economic Theory of How Standard-Form Contracts Enable Cooperative Negotiation Between Businesses and Consumers, 104 MICH. L. REV. 857, 858 (2006) (arguing that "firms use clear and unconditional standard-form contract terms not because they will insist upon those terms, but because they have given their managerial employees the discretion to grant exceptions from the standard-form terms on a case-by-case basis," but calling on courts to enforce pre-signing oral promises not to enforce the letter of form contracts). See also Clayton P. Gillette, Rolling Contracts as an Agency Problem, 2004 Wis. L. REV. 679.