Enforceability of Adhesion Contract
When it comes to adhesion contracts, whether they can actually be enforced depends on a few key factors.
1. Fairness Matters: One big thing courts look at is whether the contract is fair to both parties. If one side is getting a really bad deal, the court might say the contract isn’t enforceable. They call this “unfairness,” which basically means the terms are so unfair that they’re just not right. For example, if a contract lets one side get away with something really sneaky or unfair, the court might step in.
2. Public Policy: Sometimes, the terms of a contract might go against what’s good for the public. In these cases, the court might decide not to enforce the contract. For example, if a contract asks someone to do something illegal, like selling drugs, the court won’t enforce it. They call this “against what’s good for everyone,” meaning it goes against what’s good for all of us.
3. No Tricks Allowed: Courts also pay attention to how the contract was made. If one side used tricks or lies to get the other side to sign, the court won’t enforce it. For example, if someone threatens to hurt you if you don’t sign a contract, that’s not okay, and the court won’t let them get away with it. Similarly, if someone lies about what’s in the contract, that’s not fair, and the court will throw out the contract.
4. Clear and Unambiguous Language: Courts assess the clarity and comprehensibility of the contract’s terms. If the language used in the contract is vague, ambiguous, or overly complex to the extent that it could mislead or confuse the adhering party, the court may invalidate the contract or interpret it against the drafting party.