Question

In: Finance

Q) When is a contract of adhesion invalid?

Q) When is a contract of adhesion invalid?

Solutions

Expert Solution

                                                               CONTRACT OF ADHESION

Is a contract between 2 parties mostly one party will be stronger and other party is weaker and stronger party will make a contract with a zero bargaining power

Contract of adhesion can be invalid or not enforceable in the following cases

· Courts use the “doctrine of reasonable expectation” to invalidate.

Courts will be on a side in a reasonable manner when there is a ambiguity, and it is resolved in the favour of weaker party.

· On the basis of nature agreement

If agreement is all in the favour of stronger party it can be void at the option of parties to the contract

· Lack of notice

Notice of communication should be done in specific date as mentioned by the law, the stipulation of dates may taken in to void

· Unequal bargaining power

In this contract if the bargaining power is with one party and it may lead to void the contract.


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