contract of adhesion การใช้

• Terms of Service were unenforceable, due to being an unconscionable contract of adhesion.
• I refuse all hidden contracts or contracts of adhesion under State of Florida Law.
• The special scrutiny given to contracts of adhesion can be performed in a number of ways:
• Then however many such waivers one is forced to sign are merely " contracts of adhesion " and don't stand up in court.
• As the user may not see the agreement until after he or she has already purchased the software, these documents may be contracts of adhesion.
• In response, lawyers have added provisions to consumer contracts of adhesion called " collective action waivers ", which prohibit those signing the contracts from bringing class action suits.
• Classically, such a take-it-or-leave-it contract was described as a " contract of adhesion, which is a contract that lacks bargaining power, forcing one party to be favored over the other ".
• Petitioner and Bacchus opposed the motion, arguing the arbitration clause was unenforceable under the FAA both because it was a contract of adhesion and because it violated COGSA s3 ( 8 ).
• ;Boilerplate terms are not salient : The most important terms to purchasers of a good are generally the price and the quality, which are generally understood before the contract of adhesion is signed.
• Governments often require contracts of adhesion with private entities for licensing purposes, such as with Financial Industry Regulatory Authority for stock market trading in the 1938 Maloney Act amendments to the Securities Exchange Act of 1934.
• Because a bill of lading was ( and is ) a contract of adhesion, which a shipper must accept or else find another means to transport his goods, shippers were in no position to bargain around these no-liability clauses.
• For a contract to be treated as a contract of adhesion, it must be presented on a standard form on a " take it or leave it " basis, and give one party no ability to negotiate because of their unequal bargaining position.
• The ALA further contends that judicial enforcement of software license agreements, which are often contracts of adhesion, could eliminate the software resale market, require used computer sellers to delete legitimate software prior to sale, and increase prices for consumers by reducing price competition for software vendors.
• Another factor which might mitigate the effects of competition on the content of contracts of adhesion is that, in practice, standard form contracts are usually drafted by lawyers instructed to construct them so as to minimize the firm s liability, not necessarily to implement managers'competitive decisions.
• Hawaii was absorbed as a state in the 1950's, Puerto Rico is still ruled by the U . S . after 111 years, and Guantanamo is still maintained as a naval base / prison through a contract of adhesion wherein the U . S . could keep Guantanamo as long as it chose.
• As the Government conceded during oral argument, defendants are generally in no position to challenge demands for these waivers, and the use of waiver provisions as contracts of adhesion has become accepted practice . ( footnote 1 ) Today's decision can only speed the heretofore illegitimate process by which the exception has been swallowing the Rules.
• ;Standard form contracts may exploit unequal power relations : If the good which is being sold using a contract of adhesion is one which is essential or very important for the purchaser to buy ( such as a rental property or a needed medical item ) then the purchaser might feel they have no choice but to accept the terms.
• Since some of these have applied to the expanded use of arbitration clauses in contracts of adhesion between companies and consumers, some consumer advocates and legal scholars have criticized the decision as the inadvertent opening wedge of an assault on the right to litigate, and a weakening of state contract law and the " Erie Railroad " principle of deference to state common law.
• Judge Robreno agreed and held that the Terms of Service was a contract of adhesion, noting that the Terms of Service was presented by Linden Lab on a " take-it-or-leave-it-basis . " Although there were numerous other online virtual worlds available to Bragg at the time, Judge Robreno noted that Second Life was unique in that it allowed participants to retain property rights in virtual land.