Modification Flashcards
1
Q
Modification
A
Copy
2
Q
Adhesion contract (description)
A
A contract made solely by one party
Based on standard printed forms and boilerplate language (contractual clauses) that are non-negotiable
Drafted for indefinite number of people instead of one person
Enforceable unless UNCONSCIONABLE to the party signing the contract
3
Q
Unconscionability and the factors
A
- Extreme inequality of bargaining power between drafter and signer
- Contract phrasing that a non-lawyer wouldn’t understand
- Exploitation of underprivileged, uneducated, illiterate
- Impractical duties under the contract
- Provisions that are inconsistent with the signing party’s reasonable expectations
