adhesion contract ambiguous

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371 documents for adhesion contract ambiguous

- Marusa v. Erie Ins. Co., (Ohio 2011)
Summary judgment; rules of construction and interpretaion; contract of adhesion; ambiguous/undefined terms.
- Ohio Supreme Court
- New York State class actions: make it work - fulfill the promise.
..., invasion of civil rights, execution of adhesion contracts, and many other collective activities re... of these provisions reveals broad and ambiguous language which may be interpreted in any number of...
- Albany Law Review
- Vol. 74 Nbr. 2, January 2011
- C & L Enterprises, Inc. v. Citizen Band Potawatomi Tribe of Okla., 532 U.S. 411 (2001)
... into a standard form construction contract with petitioner C & L Enterprises, Inc. (C & L), f... that a court should construe ambiguous language against the interest of the party that dr... find itself holding the short end of an adhesion contract stick: The Tribe proposed and prepared th...
- U.S. Supreme Court

- AT&T Mobility LLC v. Concepcion, 563 U.S. (2011)
... or in equityfxx the revocation of any contract." 9 U. S. C. §2. Weconsider whether the FAA pro... The rxxx is limited to adhesion contracts, Discoxxr Bank, 36 Cal. 4th, at 162-163,..."A provision that xxx seem ambiguous in isolation is often clarified bx the remainder o...
- U.S. Supreme Court
- New Castle County, v. Hartford Accident and Indemnity Company, a Corporation of the State of Connecticut, Home Insurance Company, a Corporation of the State of New Hampshire, New Hampshire Insurance Company, a Corporation of the State of New Hampshire, Continental Casualty Company, a Corporation of the State of Illinois, United States Fire Insurance Company, a Corporation of the State of New York, Insurance Company of North America, a Corporation of the State of Pennsylvania, Continental Insurance Company, a Corporation of the State of New Hampshire, United States Liability Insurance Company, a Corporation of the State of Pennsylvania, National Union Fire Insurance Company, a Corporation of the Commonwealth of Pennsylvania, Twin City Fire Insurance Company, a Corporation of the State of Minnesota, Aetna Casualty and Surety Company, a Corporation of the State of Connecticut, and Zurich Insurance Company, a Swiss Corporation Continental Casualty Company ('Cna'), Appellant., 933 F.2d 1162 (3rd Cir. 1991)
...Preliminary Matters 1180 1. CNA's Contracts of Insurance 1180 2. The Burden of Proof in Insura... the meaning of the word "sudden" is ambiguous and, in accordance with Delaware insurance law, re..., which is essentially a contract of adhesion. An insurer has several options, of course, to min...
- Federal Circuits
- Gloucester v. Princeton Ins Co, (3rd Cir. 2008)
...The County asserted breach of contract claims against appellants and appellee, seeking t... is often viewed as a contract of adhesion, and thus its terms when ambiguous are to be const...
- Federal Circuits
- Rediscovering Subjectivity in Contracts: Adhesion and Unconscionability
Illustration One. I. A Brief Overview of Objectivity and Subjectivity . Illustration Two. Illustration Three. II. The Need for Subjectivity to Limit Objectivity in Formation . Illustration Four. III. Adhesion: a Sign that Objectivity has not Fully Digested the Subjectivity Meal . Illustration Five. Illustration Six. IV. Unconscionability as a Possible Emetic After the Overindulgence . V. Unconscionability as Administered by the Courts . VI. Application:Armendariz and Carnival Cruise Lines. Illustration Seven. A. Armendariz v. Foundation Health Psychare Services, Inc.. B. Carnival Cruise Lines v. Shute. 1. So Who Reads the Boilerplate Anyway?. 2. What We Have Here is a Failure to Negotiate. VII. Conclusion .

... conceded that the word "chicken" was ambiguous; 61 however, there was a failure to prove the tr...
- Louisiana Law Review
- Nbr. 66-1, October 2005
- Peter Fogarty, Plaintiff-Appellee, v. Near North Insurance Brokerage, Inc., Defendant-Appellant., 162 F.3d 74 (2nd Cir. 1998)
... entitled to pursuant to his employment contract, constructively discharged him and unlawfully with... could, as a last resort, construe the ambiguous terms of the employment contract against Near Nort... doctrine is typically confined to adhesion-type situations of unequal bargaining power in whi...
- Federal Circuits
- The Coercion of Trafficked Workers
Theories of coercion exist across multiple disciplines to explicate the ability of one actor, the coercer, to diminish the free will of another, the coercee, in the absence of overt physical force. A valid claim of coercion places legal blame on the coercer or relinquishes the coercee from legal responsibility for a coerced act or omission. Defining the point at which coercion occurs, however, is the conceptually more difficult task. Recently, coercion has emerged as a significant source of analytic concern in a developing area of the law-contemporary involuntary labor or human trafficking. It is in this setting where coercion is explicitly codified as a fundamental legal element in human-trafficking crimes. However, the laws addressing human trafficking continue to struggle with deline...
- Iowa Law Review
- Nbr. 96-2, January 2011
- Richard C. Young & Co., Ltd., Plaintiff, Appellant, v. Morris Leventhal, D.D.S., M.S., Individually and as Trustee of the Leventhal Family Revocable Trust; Judith Leventhal, as Trustee of the Leventhal Family Revocable Trust, Defendants, Appellees., 389 F.3d 1 (1st Cir. 2004)
...The court reasoned that the clause was ambiguous and that the agreement, as a contract of adhesion,...
- Federal Circuits