MrThickRopes
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Simple English definitions for legal terms
adhesionary contract
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A quick definition of adhesionary contract:
An adhesionary contract is a type of contract where one party has more power than the other party. The party with more power creates the contract and the other party has to agree to it if they want to use their services or buy their products. These contracts are often used by big companies and can be hard for the other party to understand or negotiate. They are also sometimes called adhesion contracts.
A more thorough explanation:
An adhesionary contract is a type of contract that is written by one party and presented to the other party on a "take it or leave it" basis. The terms of the contract are not negotiable, and the party with less bargaining power is often forced to accept the terms in order to obtain a good or service.
For example, a software company may require users to agree to an adhesionary contract before downloading their product. The user must accept all the terms of the contract, which may include limitations on liability, restrictions on use, and mandatory arbitration clauses.
Another example is a rental agreement for an apartment. The landlord may present a standard lease agreement to the tenant, which includes non-negotiable terms such as the amount of rent, the length of the lease, and the conditions for terminating the lease.
These examples illustrate how adhesionary contracts can be used to shift the balance of power in favor of the party that drafted the contract. The other party may not have the ability to negotiate or change the terms, and may be forced to accept them in order to obtain the desired good or service.