STANDARD FORM CONTRACTS Flashcards
1
Q
Expand on Standard Form Contracts:
A
Pre-made contracts written by one party (usually a business), where the other party just signs without negotiating the terms.
You either take it or leave it — there’s usually no room to change the terms
2
Q
3 Rules From Protection From Possible Abuses of Standard Form Contracts:
A
- Parker Principle: If the contract has weird, harsh, or unexpected terms, the company must point them out.
- If a term is unclear or ambiguous, the court will side against the person who wrote it.
- Reasonable Person, Courts ask: “What would an average person think these words mean, in this situation?