He said the school's agreement was an adhesion contract
. Such a contract is not unconscionable per se, he said, while noting that this one "does rise to such level."
rights to jury trials when accepting an adhesion contract
, it is highly
arbitrate is included in a consumer or employee adhesion contract
is procedurally unconscionable and unenforceable when
So far it has been assumed that the powerful adhesion contract
For example, a simple vending machine transaction for a candy bar could be characterized as an adhesion contract
. After all, there is no meaningful choice, no room to negotiate, and, given the circumstances, the consumer may not have another option in sight besides that particular machine.
drafters will use arbitration clauses and related
The customer is compelled to sign a standard form customer agreement, an adhesion contract
drafted by the respondent, containing an arbitration clause.
"An adhesion contract
is a standardized form contract offered
Of greater concern is the employee's ability to avoid arbitration obligations by asserting that the arbitration agreement was part of an "adhesion contract
." An adhesion contract
is a standardized contract, drafted and imposed by the party with superior bargaining power, which is presented to the other party without any opportunity to negotiate its terms.
Among all of the familiar "grounds for revocation of any contract" - for example, fraud, duress, mistake, unconscionabilty - the most relevant for an employee seeking to avoid an arbitration agreement is state adhesion contract
law, which is designed to offer employees protection against the economic power of employers.
(53) Regardless of whether the maritime contract is negotiated at arm's length between highly sophisticated parties, or is an adhesion contract
like passenger cruise tickets, the judicial trend reflects a very strong presumption in favor of enforcement.