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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.

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-...
bwDraco's user avatar
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0 votes
2 answers
323 views

How does one supreme court case set the standard for all following cases?

I was reading about forced arbitration clauses, or class action wavers, which are a type of contract of adhesion which can come with some products and services. Historically, these were deemed ...
Sebastian Hahn's user avatar
5 votes
2 answers
503 views

Can a product's manufacturer attach conditions (such as an arbitration agreement) to the sale of its product by third parties?

TL;DR Is the contract of sale, including binding arbitration, referenced on the packaging of Western Digital (WD) products legally binding? To summarise the relevant facts: This is a contract of ...
bwDraco's user avatar
  • 770
1 vote
1 answer
68 views

Silent modification of a document

From time to time one is presented with adhesion contracts which have not been signed by the presenting party, and contain terms which are unpalatable. Were one to modify the contract in ways which ...
davidgo's user avatar
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