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Simple English definitions for legal terms

adhesion contract

Read a random definition: Administration for Children and Families

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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join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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