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contract of adhesion

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adhesion contract (contract of adhesion) n. a contract (often a signed form) so imbalanced in favor of one party over the other that there is a strong implication it was not freely bargained. Example: a rich landlord dealing with a poor tenant who has no choice and must accept all terms of a lease, no matter how restrictive or burdensome, since the tenant cannot afford to move. An adhesion contract can give the little guy the opportunity to claim in court that the contract with the big shot is invalid. This doctrine should be used and applied more often, but the same big guy-little guy inequity may apply in the ability to afford a trial or find and pay a resourceful lawyer. (See: contract)
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9) In most states, if a contract of adhesion (meaning a "take-it-or-leave-it" contract drafted by the more powerful party) would serve as an exculpatory clause (meaning a contract term that would deny the weaker party any effective means of vindicating its legal rights), then the contract (or at least the term that renders it exculpatory) is unconscionable.
Preserving employment class actions by Bailey, Leslie A. / Trial
Next, Part III will assess the contract of adhesion questions that are inherent in clickwrap agreements, and Part IV will follow with a discussion concerning the impact on clickwrap of prior written agreements.
Finding common ground in the world of electronic contracts: the ... by Dickens, Robert Lee / Marquette Intellectual Property Law Review
See supra note 7; see also Stone, supra note 2, at 940 (noting (1) that "a contract of adhesion will be enforced unless it is unconscionable, involves undue surprise, or contravenes public policy," (2) that arbitration agreements do not contravene public policy because arbitration is a public policy that courts have repeatedly said is favored, and (3) that standard arbitration clauses are unlikely to be deemed unconscionable or surprising).
The court's implicit roadmap: charting the prudent course at the ... by Lipshutz, Joshua S. / Stanford Law Review
 
 
 
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