[11836] in Commercialization & Privatization of the Internet
Re: Adhesions vs. Contracts
daemon@ATHENA.MIT.EDU (Mark R. Ludwig)
Thu Apr 21 19:01:02 1994
To: com-priv@psi.com
In-Reply-To: <9404211057.AA07286@TotSysSoft.com>
from "Bruce Gingery" on Thu, 21 Apr 1994 04:57:00 MDT.
Date: Thu, 21 Apr 1994 10:31:45 -0700
From: "Mark R. Ludwig" <Mark-Ludwig@uai.com>
>>>>> "Bruce" == Bruce Gingery <lcbginge@antelope.wcc.edu> writes:
Bruce> What's an "adhesion" other than a glueing operation, or a
Bruce> biological anamoly where tissues comparably "glue" together
Bruce> improperly. What is the difference between this "adhesion" and a
Bruce> binder? -- a contract?
Is there a lawyer in the house? The best I can give is a loose
layman's explanation. If I get the details wrong, I'm sure someone
will correct me.
The fundamental difference is that a contract or agreement is open to
negotiation, while an adhesion is not. With an adhesion, it's "take
it or leave it."
What you sign when you rent a car is probably an adhesion. Most of
what we think of as contracts are really adhesions. The same is true
when you have your suit cleaned, and of the "contract" to which you
implicitly agree by taking the "time in" stub from the gatekeeping
machine at the parking garage.
One of the few examples of a true contract which comes to mind is when
you have a "contractor" do work on a physical structure, such as
replacing the roof, installing a new driveway, or adding on a room or
six. In that case, you have the opportunity to haggle with him/her
about the price, materials, work schedule, payment schedule, etc.
It's generally expected here in the US.
In the former case of rental cars, carpet cleaners, and parking
garages, the "terms and conditions" are not negotiable. You can't get
the rental company to let you take the car across the Pacific Ocean
between Hawaii and the mainland US, get the carpet cleaner to take
responsibility for your carpet changing from color from crimson to
mauve, or get the parking garage to take responsibility for your
stolen valuables.
What we executed with PSI for our Internet connectivity is an
adhesion, and I imagine the same is true when one acquires a
timesharing account from Barry, Karl, and their ilk.$$
--
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"Cigarettes ... are not a drug."
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