adhesion contract

Englisch - Englisch

Definition von adhesion contract im Englisch Englisch wörterbuch

a contract that heavily restricts one party while leaving the other free (as some standard form printed contracts); implies inequality in bargaining power

A fine-print consumer form contract which is generally given to consumers at point-of-sale, with no opportunity for negotiation as to it's terms, and which, typically, sets out the terms and conditions of the sale, usually to the advantage of the seller

one-sided contract

A standardized set of agreements offered by one (usually the stronger) party to another on a ``take it or leave it'' basis An insurance policy is an example of such a contract The insurer offers a personal auto policy, for example, that an individual may ``adhere to'' (or not) but in any case the individual may not change any of its terms Because it has the stronger position, the insurance company has the burden to spell out its terms precisely Such contracts are interpreted strictly against the author of the contract Not to be confused with aleatory contract

A contract which is very one-sided and favors the party who drafted the document

a pre-printed contract that usually favors the presenting party, usually with nonnegotiable terms

A contract so imbalanced in favor of one party over the other that there is a strong implication it was not freely bargained Often involves a form contract An adhesion contract theory can gives the opportunity to claim in court that the contract is invalid Topic areas: Accountability and Evaluation, Operations Management and Leadership

Arbitration

Contract with standard, often printed, terms for sale of goods and services offered to consumers who usually cannot negotiate any of the terms and cannot acquire the product unless they agree to the terms [ITDS]

This is a characteristic of a unilateral contract which is offered on a "take it or leave it" basis Most insurance policies are contracts of "adhesion," because the terms are drawn up by the insurer and the insured simply "adheres " For this reason ambiguous provisions are often interpreted by courts in favor of the insured

Silbentrennung

ad·he·sion con·tract