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Simple English definitions for legal terms

adhesion contract

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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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haha suckers!!!!!!!!!!!!!!!!!
20:38
prolly have a lil family and hobbies what loosers
hahah losers like what? you travel? have a life? not me, i'm reading every line of a contract while my seniors go play golf and enjoy like hahaha suckers
20:40
yea inverse perspective, what is fun is not fun and what is not fun is fun
20:40
you get it.
i wanna be able to travel a ton too
my ex just posted a harry potter related joke i think i dodged a bullet
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Im only going to law school to recruit members for the revolution
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nice where u wanna go? yea bullet dodged fr
can we join even if we're not at ur school
20:44
yeah but youd be in a different chapter
20:44
are we revolting against people who do not use their signal whilst driving?
20:44
We’re revolting against the man, man
20:45
Power does not flow from the sleeve of a judges robe to paraphrase
fuck yeah i'm down
MrThickRopes
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MrThickRopes
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MrThickRopes
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the unction
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just got a DUI while drinkin an NA beer in my car
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someone help is some1 a hoya lowya here?!
MrThickRopes
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MrThickRopes
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Me too bruh they praying on my downfall fr
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bruh i got ppl tryna make my head a brain smoothie
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serve me with some margarita mix and agave sweetener and summ
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