3 Standard Form of Contract

The phenomenon: the non-negotiated contract — the insurance policy, the utility's terms, the airline's ticket, the employment form, the app's T&C: the adhesion contract (the take-it-or-leave-it). The problems: the unequal bargaining; the buried terms; the consumer's ignorance. The controls: (i) the incorporation doctrine (the term must be reasonably-brought-to-notice — the ticket's small print cases: Parker and Thornton by name only); (ii) the construction against the drafter (contra proferentem — the ambiguity's risk on the one who wrote it); (iii) the statutory unfairness review (the Consumer Protection Act 2075's unfair-terms face; the good-faith standard of the Code); (iv) the regulatory pre-approval regimes (the insurance-and-utilities' filed terms).