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Insurance Cases Judicial Conclusion That Adhesion Contracts Frequently Defeat The Reasonable Expectations of The Parties
Insurance Cases Judicial Conclusion That Adhesion Contracts Frequently Defeat The Reasonable Expectations of The Parties
Adhesion Contract
According to the traditional formulation, an adhesion contract is one drafted by a party with
superior bargaining strength and is presented on a take it or leave it basis. The insurance cases
reflect the judicial conclusion that adhesion contracts frequently defeat the reasonable
expectations of the parties. (See, e.g., Stephen v. Fidelity & Casualty Co. of New York (1962) 58
Cal.2d 862; Martinez & Whelan, General Practice Insurance Law (4th ed.) West pp. 108 et. seq.)
The interrogatories set forth in this section are for use where defendant asserts that the agreement
constitutes a contract of adhesion.