of competition would invalidate a contract of adhesion
, such as
This "higher law" can constrain the terms in a contract of adhesion
The court held that even if the dealership agreement were held to be a contract of adhesion
, it would remain enforceable because it was not unconscionable.
One potential argument for preemption under section 301, at least in the context of mass-market licenses of software, is that the element of "bargain" is missing since the contract essentially is a contract of adhesion
Leasing of San Francisco, a bank leasing company, claiming a June 1997 agreement it held with Watty Wills was an "unconscionable, usurious and commercially unreasonable contract of adhesion
resulting in a punitive penalty" against Wills' estate and "therefore null and void.
The court further noted that this was not a contract of adhesion
, that is, there was no indication that the parties had unequal bargaining power or that the plaintiff had no alternative to hiring MEI.
33) The Eighth Circuit found that the agreement was a contract of adhesion
because lawyers had drafted it, it was printed in small type, and everyone using the racetrack was required to sign it.
36) One of the best arguments for defeating an arbitration clause in a contract of adhesion
is that it is unconscionable.
No one would seriously suggest that free speech rights may be waived merely because of an unread provision in the fine print of a contract of adhesion
Sound as this principle is, the oppressive contract of adhesion
has acquired new life.