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Adhesion contract

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Definitions Edit

An adhesion contract (also called a non-negotiable contract) is

one that is drafted unilaterally by the dominant party and then presented on a ‘take-it-or-leave-it basis’ to the weaker party who has no real opportunity to bargain about its terms. Such contracts are usually prepared in printed form, and frequently at least some of their provisions are in extremely small print. Common examples are tickets of various kinds and insurance policies.[1]
a standardized contract form offered on a "take-it-or-leave-it" basis, with no opportunity to bargain. The prospective buyer can acquire the item only under the stated terms and conditions. Of course, the "buyer" has the option of not acquiring the software, or of acquiring a competing program that is most likely subject to the same or a similar set of terms and conditions, but often the entire industry offers the item only under a similar set of terms and conditions.[2]

References Edit

  1. Vault Corp. v. Quaid Software, Ltd., 655 F. Supp. 750, 760 (E.D. La. 1987) (full-text), quoting Restatement (Second) of Conflict of Laws 187, com. (b), at 562 (1971).
  2. Computers at Risk: Safe Computing in the Information Age, at 178 n.26.

See also Edit

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