An adhesion contract (also called a "standard form contract" or a "boilerplate contract") is a contract drafted by one party (usually a business with stronger bargaining power) and signed by another party (usually one with weaker bargaining power, usually a consumer in need of goods or services). The second party typically does not have the power to negotiate or modify the terms of the contract.
Questions tagged [adhesion-contracts]
39 questions
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Why do Chief Justice Roberts, and Judge Posner, knowingly not read fine print?
Many cases underscore "the importance of reading and understanding the terms and conditions of the contract". See Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52, [43].
More recently, in words that are apposite to the present case, in…
user16249
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Do early termination fees hold up in court?
Adobe is being sued by the FTC for including an unadvertised 50% early termination fee (ETF) in their “annual paid monthly” plan. The FTC seeks to have Adobe recompense the users, make cancellation easy and efficient, ban similar practices, and even…
Therac
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Is it against a Terms of Service/End-User License Agreement to not read it?
In many Terms of Service/End-User License Agreements, there is a statement either as art of the confirmation check box to agree to said agreement and/or as a part of the agreement itself that says something along the lines of "Please read this…
1a28934
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Could Nintendo really brick a Switch in the USA legally?
Nintendo released its new terms and conditions, the relevant part being:
"Without limitation, you agree that you may not
(a) publish, copy, modify, reverse engineer, lease, rent, decompile, disassemble, distribute, offer for sale, or create…
dsollen
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Does Google routinely form contracts by accessing web sites with their crawler?
Many web sites contain terms of service, where the web site puts a link to "Terms" or similar, and anyone who accesses the web site forms a contract with the web site operator under those offered terms.
Google operates a web crawler that accesses…
interfect
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Avoiding agreeing to, or amending, digital contracts
Say you are presented with a digital checkbox or a pin pad, a contract with some terms you do not genuinely consent to, and a business process of the counterparty that cannot proceed unless the box is ticked or something is scribbled on the pad.
Is…
interfect
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Can written notices such as company terms and conditions be rejected on grounds of being too long
Sometimes companies post 30 page terms and conditions notices that an end user must accept by clicking in a box. Can such agreements be rejected well after the fact (after clicking) on grounds like:
being unreasonably long or
legalese level beyond…
crokusek
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Are contracts of adhesion that require you to agree to them before viewing them legally enforcable?
I recently was looking to switch plans from one major cell phone carrier to another, which included a promo for a free phone. This was done in the United States. At the point where I was to sign that I would agree to the terms of service for the…
Chuu
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Can a product's manufacturer attach conditions (such as an arbitration agreement) to the sale of its product by third parties?
TL;DR
Is the contract of sale, including binding arbitration, referenced on the packaging of Western Digital (WD) products legally binding?
To summarise the relevant facts:
This is a contract of sale between WD and the consumer, and the packaging…
bwDraco
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Can a public school require a student to contract with a third party?
Can a public K-12 school require a student to accept a contract with a private third party, as a condition of enrollment or as a condition of passing enough courses to graduate?
For example, a student may be issued a school Chromebook, which they…
interfect
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How much opportunity to review terms is necessary to form a contract?
Someone makes me a contract offer for, say, a health insurance plan. They set a deadline by which I must accept or reject the offer.
I inquire as to the full terms of the offer. They say that the terms are not available yet, but that they will be…
interfect
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Where is a TOS binding without affrimative acceptance? Where is it not?
When a website uses a "browser wrap" or "agreement of adhesion" approach to its Terms of Service (ToS) document, relying on language such as:
Each time you access and/or use any of our sites or services, you agree to be bound by these Terms of…
David Siegel
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Does the US have a rule about onerous contract terms in the fine print?
In the UK there is a legal precedent that unusual or onerous contract terms must be correspondingly prominent; you can't hide them in the fine print of a standard contract. If you try the other party can claim that they never knew about those terms…
Paul Johnson
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Can I amend boilerplate contracts by mail?
I am party to a number of contracts (website terms of service, for example), where a service operator writes the contract, and I agree to the contract by using the service. If the other party wants to amend the contract, they make available to me a…
interfect
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A representative guides one through the signing of a contract; e.g. internet services. What empowers them to do this? What are they, legally?
I'm looking for some legal terms and concepts related to the empowerment of a representative to guide someone through the signing of a contract. Is there a legal concept for such a person? Specifically, in the case of, e.g., whoever answers one's…
shintuku
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