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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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 ...
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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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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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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 ...
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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 ...
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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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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 ...
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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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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 ...
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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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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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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-...
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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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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 ...
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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 ...
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