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Log In / Register | Jul 16, 2018

Adhesion Contract

A "take it or leave it" standard form contract in which one party is able to dictate almost all the terms of the agreement to the other party.

South Park Episode For Franchisees

Southpark finds out what happens when you sign a contract of adhesion by accident

A recent episode of South Park centered on what happened when one of the characters failed to read the contract when he downloaded iTunes.

Super 8 Gets Grand 400

There is no "I didn't read it" defense to a breach of contract lawsuit. So said a federal court, awarding Super 8 damages of $415,229.

Arbitration Clause Prohibiting Class Action OK in California

Waiver of class-action arbitrations and multi-party litigation is neither procedurally nor substantively unconscionable.

Covenant Health v. Moulds

Citing to leading franchise law cases, the Supreme Court of Mississippi issued a blistering attack on unconscionable arbitration clauses and reversed the appellate court.

Parada v Superior Court (Monex Deposit Co)

Requiring three neutral arbitration & prohibiting class actions can render an arbitration clause unenforceable, rules a California appellate court in a case of significant importance to franchisees.

2d Circut Holds Class Action Waiver Unenforceable

On January 30 the US Court of Appeals for the Second Circuit issued a ruling with broad ramifications for franchise disputes.

Contract of Adhesion

The classic definition of a "contract of adhesion" may be changing.

The definition remains in wide use, though now often improperly conflated with unconscionability: