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Simple English definitions for legal terms

adhesion contract

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A quick definition of adhesion contract:

An adhesion contract is a type of contract where one party has more power than the other and gives the weaker party no choice but to accept the terms. These contracts are often used in things like insurance, leases, and car purchases. However, courts can sometimes strike down unfair terms in these contracts. There are also adhesion contracts used in online transactions, which can be enforced if the terms are clearly presented to the user. When two parties with adhesion contracts do business together, it can result in a "battle of the forms," where the terms of both contracts are merged together.

A more thorough explanation:

An adhesion contract is a type of contract where one party has significantly more bargaining power than the other party. The party with more power creates the contract and presents it to the other party on a take-it-or-leave-it basis. The weaker party cannot negotiate the terms of the contract. Adhesion contracts are common in many fields, including insurance, leases, mortgages, and consumer credit.

However, courts may strike down or void an adhesion contract if the terms are unfair or unreasonable. For example, if the contract contains terms that a reasonable person would not expect to be in the contract, the court may strike down those terms. Additionally, if the contract is unconscionable, meaning it is extremely one-sided and oppressive, the court may void the entire contract.

With the rise of electronic commerce, adhesion contracts are prevalent in online transactions. There are three types of electronic adhesion contracts: browse-wrap, click-wrap, and sign-in-wrap. Browse-wrap contracts are usually unenforceable because the terms are buried in multiple hyperlinks. Click-wrap and sign-in-wrap contracts are generally enforceable because the consumer must actively click "I agree" to accept the terms.

For example, when a person signs up for a new online service, they may be presented with a sign-in-wrap contract. The contract may include terms that the person cannot negotiate, such as a mandatory arbitration clause. The person must click "I agree" to accept the terms and use the service. If the terms are unfair or unreasonable, the person may be able to challenge the contract in court.

In business transactions where both parties have standardized adhesion contracts, there may be a "battle of the forms." This means that both contracts are void unless the terms are identical. Under the Uniform Commercial Code, the contracts are merged, and any non-conflicting terms are incorporated into the new contract.

adequate remedy | adhesion contract (contract of adhesion)

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Dkk
12:02
Just part of the culture.
BulbasaurNoLikeCardio
12:04
I wish that wearing a mask when sick stuck around as an okay thing like it is in the rest of the world, not all of us have enough sick days to be ditching work.
Dkk
12:04
Unless its like an N95 i dont think it will really do anything
12:04
there's even a mask ban in some places. altho one of my coworkers wears a mask anyway despite customers being rude to her about it
12:05
good morning
12:05
why does umiami ask "Are you applying, or have you applied, to other law schools? If so, please list them."
BulbasaurNoLikeCardio
12:05
One manager came in sick wearing a mask, got roasted and stopped wearing it that day. The entire office has been cycling sickness for two weeks now. It may not be super effective but it may help in slowing the spread during meetings when we have to be so close
12:05
am i the only one who has never gotten my status checker to work on here?
BulbasaurNoLikeCardio
12:06
@ChowieBean: want to see what schools they share an applicant pool with, think it is all data harvesting stuff no a +/- for the applicant
12:06
ok good cuz idk whether i wanna tell them or not
12:06
thanks bulbasaur
12:08
not to be that guy again but berkeley person/applicant id is back and Shiny New Logo
be that guy
EW THE NEW LOGO IS SO UGLY
WTF
12:09
need to send in my berkeley app rawwwww
BulbasaurNoLikeCardio
12:09
@ChowieBean: should be required to tell them, the schools who asked I only told them the schools in their area not all of them.
BulbasaurNoLikeCardio
12:10
*shouldnt be
12:12
@jackfrost11770: if i get a berk A today and they have that logo im withdrawing (/s /s /s /j /j /j)
babycat
12:12
@ChowieBean: me too lol. you applying to public interest scholars program?
12:14
yes def applying public interest
12:16
i was raised like blocks away from umiami
12:16
idk if i wanna go back to florida tho so im applying there as safety/target 💀
12:25
@ChowieBean: doing the same thing
Does anyone think au gonna get back to us today
My app was complete Oct 11
If yes what time
Dkk
12:29
Sure, yes! 11:22:24 PST
ClassyPleasantHeron
12:30
I wonder if Berk was updating their system so that they could watch more video.
1a2b3c4d26z
12:41
They updated it so they could watch my video one trillion times
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