What is a contract of adhesion?

A contract of adhesion is a legally binding contract between two parties in which the terms of the contract are written by one of the parties. This type of contract is typically used in a situation where one of the parties has a great amount of control, such as an employer-employee relationship or a purchase agreement for goods or services. Generally, the party that has the most control, such as an employer or supplier, will draft the contract and the other party, such as an employee or customer, must agree for the contract to be valid. In South Carolina, a contract of adhesion is considered to be valid and enforceable if it meets certain criteria. The contract must be clear and unambiguous and it must be presented to the second party in such a way that they can easily understand the terms and conditions of the agreement. Additionally, the contract must be provided by the more powerful party on a take-it-or-leave-it basis, meaning that the other party is not able to negotiate the terms. In most cases, contracts of adhesion are enforced by courts in South Carolina, though some exceptions may apply. For example, if the contract is found to be oppressive or unfair, or if it breaches public policy, then a court may refuse to enforce it. Similarly, if a party is found to have been coerced into signing the contract, then a court may also refuse to enforce it.

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What is a contract of adhesion?

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