Authors

Sierra David Sterkin

Article Title

Challenging Adhesion Contracts in California: A Consumer's Guide

Abstract

This Comment explores the California scheme for dealing with adhesion contracts, and proposes a change to the existing legal structure. Part I describes how California courts define adhesion contracts, examines the theories California courts have adopted to allow consumers to challenge adhesion contracts, and considers how jurisdictions outside California handle adhesion contracts. Part II focuses on when California courts will consider a contract adhesive and unenforceable. Part III compares California's system of dealing with adhesion contracts with systems established in jurisdictions outside California in order to determine whether there is truly any substantive difference. Part IV suggests changes to improve the California system. Part V concludes by finding that while the California courts go a long way towards protecting consumers, there are still further steps which should be taken.

Recommended Citation

Sierra David Sterkin, Challenging Adhesion Contracts in California: A Consumer's Guide, 34 Golden Gate U. L. Rev. (2004).
https://digitalcommons.law.ggu.edu/ggulrev/vol34/iss2/3