Contract of Adhesion

In one sentence

A take-it-or-leave-it agreement where one party has no meaningful chance to negotiate the terms.

Plain English

A contract of adhesion is a deal where one side (usually the stronger party) sets all the terms and the other side must simply accept them or walk away. You see these all the time: when you sign up for a credit card, download software, or rent an apartment, the company writes the rules and you either agree or don't get the service. Courts view these contracts skeptically because they lack true bargaining between equals.

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Example

You want to open a bank account, but the bank's standard agreement is 40 pages of non-negotiable terms about fees, liability, and dispute resolution. You cannot change a single word; you can only accept the entire agreement or take your business elsewhere.

Used in a sentence

“Most smartphone service agreements are contracts of adhesion because the carrier sets all terms and customers cannot negotiate.”

Related terms

Unconscionability

A contract term so unfair and one-sided that a court will refuse to enforce it.

Standard Form Agreement

A pre-printed contract with fixed terms used repeatedly by one party for many transactions.

Boilerplate Clause

Standard, repetitive contract language used in many agreements without customization.

Objective Theory of Contracts

The legal rule that contract meaning is based on what a reasonable person would understand, not secret thoughts.

Assent

A party's agreement to the terms of a contract.

Fraud

Intentional deception or misrepresentation made to trick someone into entering a contract or deal.

Offer

A proposal to enter into a binding agreement on specific terms.

Acceptance

Agreeing to the exact terms of an offer, creating a binding contract.

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.