LAWS 2202 Lecture Notes - Lecture 7: Standard Form Contract, Click Wrap, Qqq
21 Feb 2016
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Week 7 - contract law 2 (oct 23rd): So called clickwrap" contracts are understood to be adhesion contracts. Such contracts are characterized by a take it or leave it" relationship, where contract terms and conditions are standardized to multiple potential accepters (purchasers of goods/services) and negotiation is not feasible. Another example of contracts of adhesion are insurance agreements in order to be insured, one must agree to al the applicable terms and conditions. Negotiating is not a realistic option, as there is a fundamental imbalance in bargaining positions. Courts have adopted these general principles because instance contracts are viewed as contracts of adhesion. The insurer offers coverage under a pre-printed form that typically allows little, if any, negotiation between the parties. As an adhesion contract, an insurance policy is interpreted so the reasonable expectations of the insurer may be realized canadian reform conservative. Alliance v. western union insurance corp. , 2001 bcca 274 [paragraph 12]
