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	Standard form contract - Wikipedia, the free encyclopedia
		A standard form contract (sometimes referred to as an adhesion contract or boilerplate contract) is a contract between two parties that does not allow for negotiation, i.e.
		It is often a contract that is entered into between unequal bargaining partners, such as when an individual is given a contract by the salesperson of a multinational corporation.
		For a contract to be treated as a contract of adhesion, it must be presented on a standard form on a ‘take it or leave it’ basis, and give the purchaser no ability to negotiate because of their unequal bargaining position.
	en.wikipedia.org /wiki/Standard_form_contract (1619 words)

	Contract - Wikipedia, the free encyclopedia
		In Australia, for contracts subject to legislation equivalent to the Statute of Frauds, there is no requirement for the entire contract to be in writing, although there must be a note or memorandum evidencing the contract, which may come into existence after the contract has been formed.
		A contract which is implied in law is also called a quasi-contract, because it is not in fact a contract; rather, it is a means for the courts to remedy situations in which one party would be unjustly enriched were he or she not required to compensate the other.
		In England and Wales, a contract may be enforced by use of a claim, or in urgent cases by applying for an interim injunction to prevent a breach.
	en.wikipedia.org /wiki/Contract (4330 words)

	Standard Form Contract
		Kessler stated, without distinguishing adhesion contracts from standard form contracts, that the former enable "powerful and commercial overlords to impose a new feudal order of their own making upon a vast host of vassals." Commercial overlords presumably refer to for-profit corporations; vassals presumably refer to me and you.
		Standard form contracts are cost effective and necessary in a credit economy; legislative regulation would prohibit flexibility of terms and block any attempt to have contracts mirror economic and technological developments that did not exist when the legislation was enacted.
		Standard form contracts generally do not rest on a meeting of the minds and enforcement is not justified on the ground of freedom to contract.
	www.lex2k.org /sfc/discussion.html (1433 words)

	Standard Form Contract - United States Law
		The essential elements of a contract of adhesion are: (1) the contract is presented to the public on standardized, printed forms; (2) offered on a take it or leave it basis or (3) purchasers do not have any opportunity to negotiate any of the terms because of unequal bargaining power.
		The determination that a contract is one of adhesion does not result in the non-enforcement of the contract.
		The signature of the weaker party on the contract, the clarity and conspicuousness of the term, as well as actual notice of the term, are the key considerations in determining knowledge of the weaker party.
	www.lex2k.org /sfc/us.html (2428 words)

	Contract Basics
		A contract of adhesion if a court determines that as a practical matter, a person seeking insurance is unable to obtain insurance on terms other than those provided in the contract.
		If a court determines that a contract is a contract of adhesion, then the court reviews the contract and may delete the unfair term or terms.
		Often the original party to the contract remains liable for the performance of the contract, if the person to whom the contract is assigned (the assignee) breaches the contract.
	consumer-law.lawyers.com /Contract-Basics.html (2007 words)

	West Case Update
		Appeals court held that a home inspector’s contract that limited liability to a trivial sum, regardless of the basis of liability, was a contract of adhesion that was unconscionable and could not be enforced.
		The contract limiting the inspector’s liability to half the fee was a contract of adhesion.
		The contract was presented to the buyer on a standard, pre-printed form prepared by the inspector on a take-it-or-leave-it basis, without any opportunity for modification of terms.
	www.swlearning.com /blaw/cases/contracts/0304_contracts_01.html (294 words)

	Adhesion Contract (Site not responding. Last check: 2007-10-31)
		Recognizing that these contracts are not the result of traditionally "bargained" contracts, the trend is to relieve parties from onerous conditions imposed by such contracts.
		A contract where the bargaining power of the parties is so unequal that the terms are offered on a "take it or leave it" basis, with no opportunity to negotiate.
		Where there is any ambiguity in the terms of an adhesion contract, the ambiguity will be interpreted against the person who wrote the contract and in favor of the reasonable expectations of the non-drafting party.
	www.wctc.edu /busocc/law/adhes.html (166 words)

	LawKT.com: Law Firm Publications on Adhesion Contract
		The trial court denied the motion on the grounds that the arbitration agreement was an "adhesion contract", i.e.
		It concluded that, under ordinary principles governing contract formation, the Bank s attempted modification of the cardmember agreements was ineffectual because a modification is limited to "the universe of terms included in the original agreements" and the forum for resolution of disputes was not "integral to the Bank/creditor" relationship.
		The trial court found it to be an adhesion contract and found the provision so one-sided as to shock the conscience, particularly because it required arbitration only of the employee s claim against the employer and not the employer s claims against the employee, and because it limited the damages an employee could recover.
	www.lawkt.com /pubs/Adhesion_Contract.html (1291 words)

	Adhesion Contract definition (Site not responding. Last check: 2007-10-31)
		a term used in contract law adhesion contract is a contract between two unequal bargaining partners and does not allow for negotiation.
		It can be thought of as take it or leave it kind of contract where one party is tied down to accept whatever terms of conditions are put forth by the other powerful party.
		Now the consumer is in no position to negotiate the standard terms of such contracts and the company's representative often does not have the authority to do so.
	www.legal-explanations.com /definitions/adhesion-contract.htm (112 words)

	nelson-middle
		Treating the agreement as a contract of adhesion would allow the court to examine the circumstances surrounding the signing of the agreement as well as closely examining the terms of the contract itself.
		[120] recognized that the recording contract there was a contract of adhesion, it may have allowed the artist to rescind the agreement.
		By applying the doctrine of contracts of adhesion, the court could have focused on the standardization and one-sidedness of the recording agreement and allowed the artists to rescind the agreement.
	www.jmls.edu /ripl/vol1/issue1/nelson-middle.html (4613 words)

	The Enforcement of Residential Purchase Contracts (Site not responding. Last check: 2007-10-31)
		Superior Court, the Court of Appeals for the Fourth Appellate District found that a provision in a residential purchase contract which required any and all disputes to be heard by judicial reference and/or by a bench trial was an unconscionable and unenforceable contract of adhesion.
		The contract further provided that in the event the judicial reference provisions were found unenforceable, any "agreement-related" claims would be tried to a court, without a jury.
		As an unconscionable contract of adhesion, the court refused to enforce the judicial reference provision.
	www.smrh.com /publications/pubview.cfm?pubid=186 (1183 words)

	Contract Templates
		So adhesion contracts are like those you accept when you park your car and receive the claim check which purports to waive your rights.
		According to ReevesJournal.com: "The courts have interpreted and enforced adhesion contracts differently from ordinary contracts - the provisions buried in the contract have been found to unexpectedly and often unconscionably limit the obligations and liability of the party drafting the contract." Contracts and clauses within a contract found to be unconscionable are not enforceable.
		And the templates of larger companies, who are financially stronger than their suppliers, often share the characteristics of one-sided adhesion contracts common to those used between large companies and consumers.
	nextlevelpurchasing.com /articles/contract-templates.html (516 words)

	contract of adhesion (Site not responding. Last check: 2007-10-31)
		A contract drafted by one party and offered on a take-it-or-leave-it basis or with little opportunity for the offeree to bargain or alter the provisions.
		Contracts of adhesion typically contain long boilerplate provisions in small type, written in language difficult for ordinary consumers to understand.
		Insurance policies are usually considered contracts of adhesion because they are drafted by the insurer and offered without the consumer being able to make material changes.
	insurance.cch.com /rupps/contract-of-adhesion.htm (90 words)

	E LAW \| Reinventing Contract - Text
		The resulting contract is enforced, except for illegal or unconscionable terms because the contract is an expression of the parties' "will" or a "meeting of their minds."[30] Traditional contract law hence is grounded in agreed-on promises in an environment where the parties have authority to set the terms of their bargain.
		Contracts covering financial services were located at the purchase point in one case, with the application to open the account or access the service in five cases, on-line in one case and stuffed inside an envelop containing the account statement in one case.
		[101] The contract terms govern the parties' relationship during the period of the transaction and are enforceable in the absence of illegality, fraud, duress or mistake.
	www.murdoch.edu.au /elaw/issues/v10n2/burke102_text.html (16905 words)

	[No title] (Site not responding. Last check: 2007-10-31)
		While both parties experience the benefit of lowered transaction costs inherent in the use of form contracts and other contracts of adhesion, the benefit of the increased ability to “calculate the costs and risks of performance” is only felt by the party who drafts the contract.
		Factors to Consider in Deciding Whether to Enforce a Contract of Adhesion in Conflict with Intellectual Property Public Policies It is clear from the dissents in both Bowers and Monsanto that there is room for disagreement with the Federal Circuit’s decisions.
		The fact that a particular contract exhibits problems with mutual assent, as is the case for adhesive contracts, is likewise unimportant.
	lawreview.kentlaw.edu /writing/CMK_preliminary_draft.doc (1210 words)

	Court of Appeal, Second District, Division 7, California
		[5] True the trial court explicity found this was not an adhesion contract and thus applied the rules of construction for an ordinary contract.
		Whether characterized as an "adhesion contract" or as merely a "standard insurance contract marketed with the general public" this Blue Cross policy and its exclusions must pass all the tests ordinarily imposed on "adhesion contracts" in other contexts.
		One commentator has observed that most agreements found to be adhesion contracts by California courts in fact have been insurance policies.
	www.law.uh.edu /faculty/SChandler/Insurance/Materials/ponder.htm (5721 words)

	Russia (Site not responding. Last check: 2007-10-31)
		Yes, unless found to be an adhesion contract.
		We are, however, not aware of any precedent in which a software shrinkwrap agreement was declared a contract of adhesion by a Russian court nor of any other precedent in regard to "shrinkwrap" agreements.
		This would be useful in the event the "shrinkwrap" agreement were attacked as an adhesion contract.
	www.emich.edu /ict_usa/sw_eeurope_russia.htm (385 words)

	Remedy Limits in Employee Arbitration Clause is Contract of Adhesion (Site not responding. Last check: 2007-10-31)
		Arbitration requirement agreed to by employees who later sued for wrongful termination is held to be an unconscionable contract of adhesion as to its provision that severely limited the damages that could be requested, regardless of reason for termination.
		The employees' claims should be arbitrated, but the arbitration clause was a contract of adhesion that cannot be enforced as to its limitations on remedies.
		As an earlier court noted, "Where a contract is adhesive, courts will not enforce a provision which limits the liabilities and duties of the stronger party...." The exclusive remedy provision here as to damages is too limiting given employees' rights under California law.
	www.swlearning.com /blaw/cases/remedy_limits.html (248 words)

	Contract Law in Cyberspace - Lesson 3 (Site not responding. Last check: 2007-10-31)
		This "clickwrap *contract"// is an example of what the law calls a "contract of adhesion" -- a contract** you didn't really bargain over in any way, but which was presented as more of a take-it-or-leave-it offer.
		The use of the term "clickwrap contract" for this arrangement is a reference to the "shrinkwrap licenses" you may be familiar with in the software world.
		For many years (and to some extent still today), mass-marketed software comes with the terms of the contract -- the license agreement -- packaged under clear wrapping, with the notice that by opening the package you are agreeing to the terms of that license.
	www.ssrn.com /update/lsn/cyberspace/lessons/contr03.html (412 words)

	ADHESION CONTRACTS - Gold & Silver Forum
		ADHESION CONTRACT: (Blacks Law Dictionary VI Ed.) “Standardized contract form offered to consumers of goods and services on essentially ‘take it or leave it’ basis without affording consumer realistic opportunity to bargain and under such conditions that consumer cannot obtain desired product or services except by acquiescing in form contract.
		Contract to be available for the draft if the federal government calls.
		Contract with the State to be a third party to your marriage.
	www.goldismoney.info /forums/showthread.php?t=2429 (380 words)

	[No title]
		n.(contract of adhesion) a contract (often a signed form) so imbalanced in favor of one party over the other that there is a strong implication it was not freely bargained.
		An adhesion contract can give the little guy the opportunity to claim in court that the contract with the big shot is invalid.
		This doctrine should be used and applied more often, but the same big guy-little guy inequity may apply in the ability to afford a trial or find and pay a resourceful lawyer.
	dictionary.law.com /definition2.asp?selected=2325&bold=\|\|\|\| (119 words)

	PONDER v. BLUE CROSS OF SOUTHERN CALIFORNIA (1983) 145 CA3d 709
		This contract is called the "High {Page 145 Cal.App.3d 715} Option Performance Plus Plan." The terms of the contract are spelled out in a "certificate" which Blue Cross issues to "subscribers." When Blue Cross chooses to modify coverage, its computer merely sends out a new certificate to replace the superseded version.
		The contract is dotted with provisions in boldface or all capitals.
		FN 3 One commentator has observed that most agreements found to be adhesion contracts by California courts in fact have been insurance policies.
	online.ceb.com /calcases/CA3/145CA3d709.htm (5660 words)

	Define Adhesion Contract (Site not responding. Last check: 2007-10-31)
		A contract that is weighted in favor of one party, typically the party presenting the contract.
		The fine print Terms and Conditions that cruise and tour clients must agree to as a condition of taking the trip are examples of adhesion contracts.
		Because of the inherently unfair nature of such contracts the traveler might have some legal recourse in the case of a problem or dispute.
	www.hometravelagency.com /dictionary/adhesion-contract.html (89 words)

	A Stitch in Haste Stick Me with That Adhesion Contract
		Typically, the worst contracts around are so-called adhesion contracts, the ones where someone hands you a great big document and says "sign here," with no opportunity to review or negotiate the terms.
		Conformity in contracts means efficiency; efficiency means lower costs; lower costs mean lower prices.
		Adhesion contracts are a necessary and desirable lubricant that keep the gears of modern capitalism, and especially modern Internet-based capitalism, turning smoothly.
	kipesquire.powerblogs.com /posts/1104843107.shtml (402 words)

	[No title]
		Motion of installer for summary judgment on ground of lack of subject matter jurisdiction, because of liquidated damages clause limiting liability to $250, was granted by the Circuit Court, Grand Traverse County, William R. Brown, J., and plaintiffs appealed.
		The Court of Appeals held that contract was not a contract of adhesion or unconscionable.
		In this consolidated appeal, plaintiffs appeal from an order of summary disposition in favor of defendant under MCR 2.116(C)(4), lack of subject matter jurisdiction.
	www.kirschenbaumesq.com /mich3.htm (602 words)

	State is head of a Marriage--adhesion contract the gives away your power
		Here's a Common Law Contract written by a friend of a friend that he and his bride-to-be wrote to take the place of a marriage license.
		We do not agree jointly, individually or on behalf of Children to any contract of adhesion or implied contract that might be alleged by government agents.
		[8] This state is a party to every marriage contract of its own residents as well as the guardian of their morals.
	www.the7thfire.com /law_and_courts/state_is_head_of_a_marriage.htm (2860 words)

	WorldLII - Categories - Subjects - Contracts
		Provides information about the Commission on European Contract Law (Lando Commission) and the Principles of European Contract Law (on Ole Lando)
		Full text of model contracts drafting guidelines and models clauses used in international transactions - on Juris International
		The Principles of European Contract are the product of work carried out by the Commission on European Contract Law, a body of lawyers drawn from all the Member States of the European Community, under the chairmanship of Professor Ole Lando
	www.worldlii.org /catalog/50048.html (146 words)

	Adhesion Contract International Trade Terms and Definition information. (Site not responding. Last check: 2007-10-31)
		Adhesion Contract International Trade Terms and Definition information.
		Home >> International Trade Terms >> Adhesion Contract
		A contract with standard, often printed, terms for sale of goods and services, offered to consumers who usually cannot negotiate any changes in the terms and cannot acquire the product unless they agree to them.
	www.trncwashdc.org /TradeTerms2-28-A.html (59 words)

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