UpCounsel accepts only the top 5 percent of lawyers to its site. If you need help with a take it or leave it contract, you can post your legal need on UpCounsel's marketplace. Creators of adhesion contracts can sometimes avoid any liability for unfair clauses because of the nature of the contract. Some believe that any unfair clauses in take it or leave it contracts shouldn't be enforced by the court. However, adhesion contracts are often viewed as a way for sellers to sneak in unfair or unkind terms and conditions when offering a product or service to customers, especially if they have a sort of monopoly over a specific good. If, in the spirit of fairness, every business afforded their customers the opportunity to negotiate their contracts for services or sales of products, then the amount of time it took to make a purchase or hire a service provider would be extended and therefore businesses would need to charge more to protect their profits. There are a few aspects of contract agreements to consider. Are Adhesion Contracts Fair?Įven though many of the contracts that are formed throughout the world of business are, in fact, adhesion contracts, there is still a big debate about whether they are fair. Offering a little room for negotiation to consumers is a good idea in some instances, however. If a company is in good shape with a solid client base or steady business, they probably have the option to use adhesion contracts.
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