What is a contract of adhesion?
A contract of adhesion is a type of contract that is one-sided and often presented on a “take it or leave it” basis. This type of contract is usually found in the standard form contracts between parties with unequal bargaining power. In these cases, one party, usually the stronger party, provides terms and conditions that the other party, the weaker party, must either accept or reject without negotiation. For example, if a consumer wants to purchase a product from a retail store, the consumer is presented with a contract of adhesion. The consumer must either agree to the one-sided terms and conditions or not purchase the product. The consumer, in this case, has no bargaining power and cannot negotiate the terms of the contract. In Nebraska, many adhesion contracts are enforced in the courts. This means that the terms of the contract will be enforced even if it is unfair to one of the parties. Therefore, consumers need to read contracts carefully and be aware that they may be agreeing to terms which are one-sided in favor of the stronger party. If someone has questions or concerns about the terms of a contract, they should consult with an attorney to ensure that their rights are protected.
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