在格式条款的纠纷解决中,“善意”和“显失公平”的作用越来越重要。美国的成文法和判例法虽然明确承认这两个概念,但一直未将其具体化为一系列具有可操作性的规则,而且因对其含义缺乏共识,所以合同法的效力可能会受到一定程度的伤害。〔1〕另外,“善意”和“显失公平”之间的 In the dispute resolution of the format clauses, the roles of “goodwill” and “apparent loss of fairness” are more and more important. While the United States statutory and case law expressly recognize these two concepts, they have not been embodied in a series of maneuverable rules, and because of the lack of consensus on their meaning, the validity of contract law may be affected to some extent hurt. 〔1〕 In addition, the “goodwill” and “obviously unfair” between