New answers tagged consumer-protection
2
In the UK its somewhat more complex. Much the same principles apply to "unconscionable" contracts, and its a high bar to reach. However for consumers there are distinct rules that apply to terms considered "unfair", and especially in "contracts of adhesion" where one party simply presents a page of fine print and does not permit ...
2
Not yet – in the US. There is no such thing as an "agreed-upon colloquial definition" of any
term (we elect presidents, not definitions), so the existence of an ordinary meaning of every word is subject to debate pro and con. Typically, if the meaning of a word is at issue and the law has not stipulated a specific meaning in some case, the courts ...
2
No
A reasonable person understands “chemical free” to mean free of artificial (i.e. man-made) chemicals.
3
General Principles
There is no general prohibition at law for a party with a better negotiating position to negotiate a better deal at the expense of the weaker party - that's just business and business is legal. There is a legal assumption that parties approach contracts as independent, rational actors who, while they may not have equal power, do have the ...
3
You're thinking of "unconscionability."
In the United States, the general rule is that a contract provision will not be deemed unenforceable for unconscionability unless it is both procedurally and substantively unfair.
A provision is considered procedurally unfair if it results from some sort of unfair asymmetry in bargaining positions. This could ...
2
Imagine a situation where an employer offers an employee a contract
that stipulates that all disputes should be resolved by some
arbitration panel in a tax haven.
This is likely to be upheld under U.S. law under the Federal Arbitration Act. It isn't an open and shut case, but maybe a 70%-80% chance or more that it would be upheld.
Another similar situation ...
-1
"Upselling" is legal, and common. What is unclear is what the fact of the "agreement" are. There are two ways to buy this (or similar) product: online, and with a phone call to sales. In either case, it is crucial that you have a clear understanding of what you agree to. This is much more obvious with an online sale, where you have ...
Top 50 recent answers are included
