This Note argues that judges should invalidate terms in contracts of adhesion that place the risk of loss on the costlier cost-avoider or that grant an option to one of the parties to impose non-reciprocal costs on the other. It goes on to justify this rule, arguing that it minimizes both the primary and secondary costs of contracts of adhesion.
On the Invalidation of Terms in Contracts of Adhesion,
Yale J. on Reg.
Available at: http://digitalcommons.law.yale.edu/yjreg/vol30/iss2/5