Questions tagged [adhesion-contracts]
An adhesion contract (also called a "standard form contract" or a "boilerplate contract") is a contract drafted by one party (usually a business with stronger bargaining power) and signed by another party (usually one with weaker bargaining power, usually a consumer in need of goods or services). The second party typically does not have the power to negotiate or modify the terms of the contract.
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Can I browse-wrap a book?
In this answer it is noted that if your browse-wrap terms of service on your web site are sufficiently prominent to put the user on "inquiry notice", essentially so that they're aware that ...
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Can I set additional terms of service for "my" page on a third-party service?
A lot of web sites, like Github or Facebook, have terms of service for the platform as a whole but also let me publish stuff on pages that I have some control over. I can post a README file on my ...
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Can I sneak around my copyleft obligations with adhesion contracts?
Some licenses, like the GPL, mandate that I license derivative works under the same license and not a more restrictive license. I believe this is called "copyleft".
But say I want to have ...
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Can a manufacturer make using a product purchased secondhand constitute accepting a contract?
Say I buy a physical product secondhand from an individual for cash, with no particular terms attached to the transaction.
Then, say I visit the manufacturer's web site, and encounter a terms of ...
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How much opportunity to review terms is necessary to form a contract?
Someone makes me a contract offer for, say, a health insurance plan. They set a deadline by which I must accept or reject the offer.
I inquire as to the full terms of the offer. They say that the ...
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Can a public school require a student to contract with a third party?
Can a public K-12 school require a student to accept a contract with a private third party, as a condition of enrollment or as a condition of passing enough courses to graduate?
For example, a student ...
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Terms of Service and Adversarially Interoperable Apps
Applications like NewPipe and Geddit seem to be becoming more popular. These applications are "adversarially interoperable": they work with and can display content from large services such ...
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Does Google routinely form contracts by accessing web sites with their crawler?
Many web sites contain terms of service, where the web site puts a link to "Terms" or similar, and anyone who accesses the web site forms a contract with the web site operator under those ...
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Use-wrap contract formation for locally-run licensed software
In this answer, the Microsoft Windows license agreement is describe as having a sort of use-wrap method of action, where using Microsoft Windows creates an agreement between you and Microsoft because ...
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A representative guides one through the signing of a contract; e.g. internet services. What empowers them to do this? What are they, legally?
I'm looking for some legal terms and concepts related to the empowerment of a representative to guide someone through the signing of a contract. Is there a legal concept for such a person? ...
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Two-Way Browse-Wrap
I often browse web sites that offer me contract terms via "browse-wrap": there is a link on the page to a "Terms of Service" or similar, and my browsing the web site, having had ...
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Avoiding agreeing to, or amending, digital contracts (redux)
A recent question asks whether one can escape the terms of an adhesion contract by orally rejecting the terms while making a confirmation in writing.
It seems likely the answer is no, as the written ...
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Avoiding agreeing to, or amending, digital contracts
Say you are presented with a digital checkbox or a pin pad, a contract with some terms you do not genuinely consent to, and a business process of the counterparty that cannot proceed unless the box is ...
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Can written notices such as company terms and conditions be rejected on grounds of being too long
Sometimes companies post 30 page terms and conditions notices that an end user must accept by clicking in a box. Can such agreements be rejected well after the fact (after clicking) on grounds like:
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Does judicial estoppel apply to adhesive contract interpretation?
Large corporations are unique, in that they (1) enter into adhesive contracts with millions of people, (2) get sued a lot, and (3) often use outside counsel.
What happens if a corporation—probably ...
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