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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 ...
Download as PDF; Printable version; In other projects Appearance. move to sidebar hide. ... Redirect page. Redirect to: Standard form contract#Contracts of adhesion;
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.
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.
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 ...
First, specific types of non-commercial contract were given special protection where "freedom of contract" appeared far more on the side of large businesses. Consumer contracts came to be regarded as "contracts of adhesion" where there was no real negotiation and most people were given "take it or leave it" terms. [43]