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Understanding Adhesion Contracts

An adhesion contract is drafted by the party with stronger bargaining power and presented on a "take it or leave it" basis. Courts have found that adhesion contracts can defeat the reasonable expectations of the parties, as shown in insurance cases. This section provides interrogatories to use when the defendant claims the agreement is an adhesion contract.

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71 views1 page

Understanding Adhesion Contracts

An adhesion contract is drafted by the party with stronger bargaining power and presented on a "take it or leave it" basis. Courts have found that adhesion contracts can defeat the reasonable expectations of the parties, as shown in insurance cases. This section provides interrogatories to use when the defendant claims the agreement is an adhesion contract.

Uploaded by

georaw9588
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

26125.

Adhesion Contract

According to the traditional formulation, an adhesion contract is one drafted by a party with
superior bargaining strength and is presented on a take it or leave it basis. The insurance cases
reflect the judicial conclusion that adhesion contracts frequently defeat the reasonable
expectations of the parties. (See, e.g., Stephen v. Fidelity & Casualty Co. of New York (1962) 58
Cal.2d 862; Martinez & Whelan, General Practice Insurance Law (4th ed.) West pp. 108 et. seq.)
The interrogatories set forth in this section are for use where defendant asserts that the agreement
constitutes a contract of adhesion.

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