adhesion contract


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  • noun

Synonyms for adhesion contract

a contract that heavily restricts one party while leaving the other free (as some standard form printed contracts)

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References in periodicals archive ?
adhesion contracts, where there is virtually no bargaining between the
His power to contract is unlimited." (10) The interpretation of an adhesion contract remains unpredictable.
cast their lot with adhesion contract drafters in order to win and
Although adhesion contracts are vulnerable to legal challenges, they are not routinely unenforceable.
In any event, the factors considered by courts in determining whether an arbitration agreement is an adhesion contract include: the experience and competence of the contracting employee; the extent to which the employee negotiated other terms in the contract; whether the contract provision falls within the reasonable expectations of the employee; whether the contract designates an arbitrator who, by reason of status or identity, is presumptively biased; and the clarity of the agreement.(24)
Shute, the Supreme Court found that the Ninth Circuit erred in refusing to enforce a forum-selection clause included in a maritime adhesion contract, specifically, a cruise passenger ticket provided to the plaintiff.
An adhesion contract is a standard form contract prepared by one party and submitted to another on a take-it-or-leave-it basis; there is no equality of bargaining power.(34)
The plaintiff admitted that the employee handbook and policies and procedures it contained constituted part of his employment contract, but maintained that the arbitration clause was a separate matter and was an unenforceable adhesion contract.
Moreover, even adhesion contracts are enforceable 'unless they are unconscionable, offend public policy, or are shown to be unfair in the particular circumstances.' ...
The technology is also desperately needed because of unconscionable adhesion contracts and predatory forced arbitration, as well as the absence of federal uniform and predictable standards cherished by the industry today.
(109) Therefore, it is likely the FAA will apply to most consumer adhesion contracts in which the product or service has travelled through, or will have a substantial effect on, interstate trade.