Contracts of Adhesion—Some Thoughts About Freedom of Contract¶
Kessler, F. (1943). Contracts of Adhesion—Some Thoughts About Freedom of Contract. Columbia Law Review, 43(5), 629-642.
Cited by¶
2 citations across 2 artifacts.
Each citation links to the sentence it supports in the citing article.
Mechanisms¶
- Standard Contract
- When the stronger party dictates a take-it-or-leave-it form, the result is a contract of adhesion — the other side "agrees" to terms it never had the power to change and often never read.
This sourceDescribes contracts of adhesion as standardized forms imposed by the stronger party on a take-it-or-leave-it basis without genuine bargaining choice.
- When the stronger party dictates a take-it-or-leave-it form, the result is a contract of adhesion — the other side "agrees" to terms it never had the power to change and often never read.
- Standard Contract Template
- The template can also entrench a lopsided bargain when imposed take-it-or-leave-it on a weaker party — the classic contract of adhesion.
This sourceContracts of adhesion are standardized, take-it-or-leave-it bargains imposed by stronger parties and can entrench one-sided terms.
- The template can also entrench a lopsided bargain when imposed take-it-or-leave-it on a weaker party — the classic contract of adhesion.
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