Adhesion contracts have also rewritten the legal reality of the
central objectives of adhesion contracts has been to remove the class
Adhesion contracts also create risks that threaten private ADR
dictated by adhesion contracts over which they have no control, fees and
Both Article 2 of the UCC(40) and UCITA provide justifications for adhesion contracts similar to those proffered by the Restatement.
Nevertheless, it is generally accepted that courts may place upon adhesion contracts certain limitations, such as construction against the drafting party and the unenforceability of terms that are unconscionable or against public policy.
However, this assertion itself is questionable, for the enforcement of adhesion contracts does promote stability in the market, or at least that view is generally accepted.
As mentioned earlier, injecting a section 301 preemption analysis at this point only obfuscates the issue of enforceability under contract law and ignores the necessary efficiency of adhesion contracts.