36 Pages Posted: 8 Apr 2013 Last revised: 5 Oct 2013
Date Written: April 6, 2013
This Note argues that judges should invalidate terms in contracts of adhesion that place the risk of loss on the costlier cost-avoider or that grant an option to one of the parties to impose non-reciprocal costs on the other. It goes on to justify this rule, arguing that it minimizes both the primary and secondary costs of contracts of adhesion.
Suggested Citation: Suggested Citation
Tutt, Andrew, On the Invalidation of Terms in Contracts of Adhesion (April 6, 2013). 30 Yale J. on Reg. 439 (2013). Available at SSRN: https://ssrn.com/abstract=2246122