Open Access. Powered by Scholars. Published by Universities.®
- Publication
Articles 1 - 3 of 3
Full-Text Articles in Law
Contracts Of Adhesion In Light Of The Bargain Hypothesis: An Introduction, Edward A. Dauer
Contracts Of Adhesion In Light Of The Bargain Hypothesis: An Introduction, Edward A. Dauer
Akron Law Review
In short, if Contract is viewed as a system of dealing with consensual obligations, then the premise of a bargain is both necessary and desirable. The difficulty is that under the current state of the law, operative facts sufficient to establish the existence of the requisite "bargain" often fall far short of guaranteeing the existence of real assent to the exchange. It is in this gap that the adhesive form contract, because it often removes the knowledge and choice essential to real assent, thrives best.
Contractual Choice Of Law In Contracts Of Adhesion And Party Autonomy, Mo Zhang
Contractual Choice Of Law In Contracts Of Adhesion And Party Autonomy, Mo Zhang
Akron Law Review
The article attempts to argue that contracts of adhesion do not conform to the notion of autonomy that underlies the choice of law by the parties and is incompatible with the principle of mutuality on which the power of the parties to make the choice of applicable law rests. The main theme of the article is to suggest that the choice of law clause in contracts of adhesion shall not take effect (although the clause may not necessarily be invalid), unless and until the other party (adherent) meaningfully agrees or a court scrutinizes the contract for the true assent of …
The Conflict Between Forum-Selection Clauses And State Consumer Protection Laws: Why Illinois Got It Right In Jane Doe V. Match.Com, Marty Gould
Chicago-Kent Law Review
To what extent can companies “contract out” of state consumer protection statutes through the use of choice of law and forum selection clauses in standard form adhesion contracts? The only court in Illinois to rule on the issue, a state court case dealing with Match.com, held that the Illinois Dating Referral Services Act (IDRSA) voids forum-selection clauses contrary to stated Illinois public policy, as declared by Illinois statutes. Outside of Illinois, however, federal courts have held that the exact same Match.com forum-selection clause was valid and enforceable despite being in direct conflict with similar statutes in other states. These cases …