What is a contract of adhesion?

A contract of adhesion is a contract formed between two parties, where one party (the “adhering” party) has significantly less bargaining power and must agree to the terms of the other party (the “dominant” party) or not enter into the contract at all. In Mississippi, these contracts are often used in consumer transactions, such as when someone purchases a product from a store or signs up for a service. The adhering party is typically presented with a contract that is prepared by the dominant party in advance and cannot be negotiated. Contracts of adhesion are enforceable in Mississippi and throughout the United States, but the court will typically examine the terms of the contract closely to ensure that the agreement is fair and reasonable. When determining if a contract of adhesion is fair, courts will look at factors such as whether the agreement was clearly explained to the adhering party, whether there were any hidden or unfair terms included, and whether the agreement was one of necessity. Since contracts of adhesion often favor the dominant party, it’s important to review the terms of the contract carefully and get advice from an attorney if necessary before signing anything. By understanding the agreement and all of the terms included, consumers can protect their rights and make sure that they are entering into fair and reasonable contracts.

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