All Questions
Tagged with adhesion-contracts united-states
16
questions
1
vote
0
answers
74
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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 ...
- 3,511
-2
votes
2
answers
111
views
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 ...
- 3,511
-3
votes
4
answers
179
views
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 ...
- 3,511
0
votes
3
answers
151
views
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 ...
- 3,511
3
votes
1
answer
295
views
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 ...
- 3,511
3
votes
1
answer
135
views
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 ...
- 3,511
1
vote
1
answer
78
views
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 ...
- 3,511
1
vote
0
answers
74
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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 ...
- 3,511
0
votes
1
answer
203
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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 ...
- 60.8k
5
votes
1
answer
146
views
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 ...
- 3,511
2
votes
1
answer
118
views
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 ...
- 530
5
votes
2
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201
views
Are contracts of adhesion that require you to agree to them before viewing them legally enforcable?
I recently was looking to switch plans from one major cell phone carrier to another, which included a promo for a free phone. This was done in the United States. At the point where I was to sign ...
- 231
3
votes
1
answer
104
views
Does the US have a rule about onerous contract terms in the fine print?
In the UK there is a legal precedent that unusual or onerous contract terms must be correspondingly prominent; you can't hide them in the fine print of a standard contract. If you try the other party ...
- 13.7k
0
votes
2
answers
253
views
Is it still a contract even if it is described by a party as "not a contract" even if adhesion law applies between multiple parties?
Suppose two parties have a relationship that might be a contract under U.S. law. Suppose one party is an individual and the other is not, so that if it's a contract it would be a contract of adhesion, ...
- 337
2
votes
1
answer
1k
views
Should I use first-person (I) or second-person (you) for ToS consent?
This is a bit of a nagging question for me. Let's say I'm creating a web application that allows users to sign up for some service, subject to certain terms of service. I've seen some sites use first-...
- 770