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.
34
questions
1
vote
0
answers
74
views
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
0
answers
56
views
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 ...
- 3,511
5
votes
0
answers
98
views
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 ...
- 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
2
votes
1
answer
322
views
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? ...
- 123
1
vote
0
answers
74
views
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
views
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
5
votes
3
answers
157
views
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:
...
- 165
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
answers
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
1
vote
1
answer
63
views
How to refer to an unknown signer, in the parties section of an agreement
Have an agreement that will be signed by someone but we want to reuse the agreement and not edit each time to add the signers name.
My question is how can I refer to the signer at the top of the ...
- 121
1
vote
1
answer
339
views
If I copied an agreement and sent it as an email and had someone reply with the fields and "I agree" would it be a valid contract?
Have been getting agreements(contracts) signed electronically using Sites like Hello Sign and Docusign, but the problem is people do not always view the agreement, and then it does not get signed.
My ...
- 121
2
votes
0
answers
65
views
Where is a TOS binding without affrimative acceptance? Where is it not?
When a website uses a "browser wrap" or "agreement of adhesion" approach to its Terms of Service (ToS) document, relying on language such as:
Each time you access and/or use any ...
- 114k
1
vote
1
answer
78
views
Whose meaning prevails in a consumer contract of adhesion?
A consumer calls his bank and requests that his account be closed.
The bank says that the account has been closed, and changes the status of the account such that the account can no longer be used to ...
- 530
0
votes
2
answers
127
views
If extra terms are added to a contract by email, is it considered valid/legal?
This is for a software consulting position for 6 months in India. During the interview, I mentioned to the tech manager that:
I can work only for a limited number of hours per day due to a health ...
- 3
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
57
views
How much from the trial is won/lost by the contract itself?
A while ago I heard in a YouTube clip (I think it was from Legal Eagle channel) something like "95% of the contract disputes are won/lost directly by the contract itself"; unfortunately I ...
13
votes
3
answers
5k
views
Is it against a Terms of Service/End-User License Agreement to not read it?
In many Terms of Service/End-User License Agreements, there is a statement either as art of the confirmation check box to agree to said agreement and/or as a part of the agreement itself that says ...
- 125
1
vote
1
answer
37
views
Company in administration in Portugal
If a company is being run in administration are contacts/agreements still valid ? For example, a service legal agreement.
1
vote
1
answer
110
views
if all customers always violate a contract, is enforcement legally impossible?
Hypothetical case for U.S. law (close to reality but simplified here):
A company offers advertising. Customers may get paid by publishing the advertising. The customers presumably want to do this in ...
- 337
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
3
votes
1
answer
184
views
Can I amend boilerplate contracts by mail?
I am party to a number of contracts (website terms of service, for example), where a service operator writes the contract, and I agree to the contract by using the service. If the other party wants to ...
- 3,511
0
votes
1
answer
112
views
Can companies legally make unreasonable term of service?
Say you buy a software. There is a term in the term of service that you got to pay $1 million dollar/become sex slaves, etc.
To what extend companies can do that?
There are 2 cases where something ...
- 800
0
votes
1
answer
28
views
Contract question
If you sign a contract, and the person asking you to sign explains nothing, but there is a part you totally miss (Maybe it's in a tiny font at the bottom of a page, or hidden somewhere.), you sign the ...
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
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 ...
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 ...
- 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 ...
- 3,476