Adhesion Contract “Legally” Defined

The following definitions for “adhesion contract” and “adhesion” are taken from Ballantine’s Law Dictionary (3rd edition) and Webster’s Dictionary (1828), respectively:

 

 

(Ballantine’s)

A contract that is drafted unilaterally by the dominant party and then presented on a take it or leave it basis to the weaker party, who has no real opportunity to bargain about its terms [Restatement Second, Conflict of Laws § 332a, Comment e].

 

(Webster’s)

ADHE’SION, n. adhe’shun [L. adhasio.]

  1. The act or state of sticking, or being united and attached to; as the adhesion of glue, or of parts united by growth, cement, and the like. Adhesion is generally used in a literal; adherence, in a metaphorical sense.
  2. Sometimes figuratively, adherence, union or steady attachment; firmness in opinion; as, an adhesion to vice: but in this sense nearly obsolete. The union of bodies by attraction is usually denominated cohesion.
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