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 ?
What constitutes a contract of adhesion was described in some detail in Kristian v.
The Shroyer opinion holds that where a company with superior bargaining power, through a contract of adhesion, is alleged to have carried out a scheme to deliberately cheat large numbers of individual consumers out of small sums of money, that company cannot compel the consumer to engage in a one-on-one arbitration, and forbid them from participating in the more favorable forum of a class action.
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.
The court explained that a contract of adhesion was a contract with terms dictated by one contracting party to another party who had no voice in the contract's formulation.
offer of employment), and was not a contract of adhesion.