contract of adhesion


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Noun1.contract of adhesion - a contract that heavily restricts one party while leaving the other free (as some standard form printed contracts)contract of adhesion - a contract that heavily restricts one party while leaving the other free (as some standard form printed contracts); implies inequality in bargaining power
contract - a binding agreement between two or more persons that is enforceable by law
References in periodicals archive ?
24) Even though these experiments may not have focused specifically on contracts of adhesion, it would seem the same principle applies, as a contract of adhesion is basically a ready-made deal.
It rejected his claim that the MoA was a pre-drafted document akin to a contract of adhesion, saying this assertion 'does not override the clear text of the MoA, which he admittedly signed.
35) The Supreme Court of California applied its Discover Bank rule, which declared a class action waiver provision unconscionable when: (1) the waiver is "found in a consumer contract of adhesion," (2) the class action would involve a "predictably" small amount of money, and (3) it is alleged that the party with "superior bargaining power has carried out a scheme to deliberately cheat large numbers of consumers out of individually small sums of money.
generally takes the form of a contract of adhesion, which, imposed and
What constitutes a contract of adhesion was described in some detail in Kristian v.
Yet it is still more disturbing than a mere consumer contract of adhesion because unlike some objective manifestations of assent that routinely precede formation in most form contracting, there is precious little most citizens do to manifest assent.
The court said the class action ban was unconscionable not just because it was part of an arbitration clause, but because it was part of "a contract of adhesion that fails to inform the customer of the cost to her of arbitration, and that does not provide a cost-effective mechanism for individual customers to obtain a remedy for the specific injury alleged in either a judicial or an arbitral forum.
Williston defines a contract of adhesion as "a contract entered without any meaningful negotiation by a party with inferior bargaining power.
A homeowners insurance policy is a contract of adhesion, meaning that it is offered by an insurer to a consumer on a "take it or leave it basis.
Applying this approach, the court first determined that the clause in question here did constitute a contract of adhesion.