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A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, [a] a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it ...
The phrase "contract of adhesion" describes a contract between parties of greatly unequal bargaining power, such that the dominant party could impose a "take it or leave it" demand on the weaker party. He argued that in such situations Eighteenth or Nineteenth Century concepts of freedom of contract were unrealistic and should be discarded.
Insurance contracts are generally considered contracts of adhesion because the insurer draws up the contract and the insured has little or no ability to make material changes to it. This is interpreted to mean that the insurer bears the burden if there is any ambiguity in any terms of the contract.
Contract of adhesion. Add languages. Add links. Article; Talk; ... Print/export Download as PDF; Printable version; In other projects
5 Explicitly rejected by the UNIDROIT Principles of International Commercial Contracts 6 Specific to Canadian contract law both in Québec and in the country's common law provinces 7 Specific to civil law jurisdictions, the American Uniform Commercial Code , and Canadian jurisprudence in both Québec and the common law provinces pertaining to ...
Where a contract or term is voidable, the party entitled to avoid may either conditionally or unconditionally choose to affirm the contract or term as outlined in Article 3.2.9 of the Principles which states that "if the party entitled to avoid the contract expressly or impliedly confirms the contract after the period of time for giving notice ...
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