Professor Elizabeth Trujillo Contracts: Contracts of Adhesion
Here are two condensed case briefs from my Contracts class, which explains the concept of Contracts of Adhesion. The best way to understand these types of contracts are Baseball Tickets. Once you buy the tickets, and enter the Baseball Stadium, you comply to all the terms located on the back of the stub.
Carnival Cruise Lines v. Shuttle (Ticket Problem: Forum Selection Clause, which means place to litigate the lawsuit–Washington vs. Florida?)
Appellees bought cruise tickets from their home state of Washington and wanted to sue the cruise line in their home state for personal injury. However there was a forum selection clause on their purchased tickets saying that all legal disputes must be litigated in Florida.
All terms in Standardized Agreements (Form Contracts) are binding. Standardized contracts is an exception towards bargain for exchange.
–Restatements §211 Standardized Agreements: where a party to an agreement signs or assents to writing and has reason to believe in that writing, then party adopts the writing as integrated.
–Stevens dissent: there was no bargain for exchange.
Caspi v. Microsoft Network LLC (Internet Forum Selection: pop-up screen click button)
Plaintiffs must have known that they were entering into a contract when they clicked the “I agree” button. They were put on enough notice to be bound of all the terms of the forum selection clause. It has to be a reasonable notice. The forum selection cause was presented in uppercase for emphasis.
Restatements §211 (3): The Buyer must have adequate notice to build an intent to enter into a contract.
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