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

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2
Q

3 Rules From Protection From Possible Abuses of Standard Form Contracts:

A
  1. Parker Principle: If the contract has weird, harsh, or unexpected terms, the company must point them out.
  2. If a term is unclear or ambiguous, the court will side against the person who wrote it.
  3. Reasonable Person, Courts ask: “What would an average person think these words mean, in this situation?
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