ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Monday, July 1, 2013

Adventures in Contracts of Adhesion

I was traveling this weekend and stayed at a hotel.  As we were about to check in, I noticed this sign, which I would surely never have noticed if I did not teach contracts.

Parking warning

Look,much of this may be true whether or not the sign exists, but still I hope that I do not live in a world in which someone can plop down a sign on a parking lot and thereby bind me to whatever terms she chooses to impose.  The troublesome word here, of course, is "irrefutable."  Since this was an open parking lot that my hotel shared with a number of other hotels, there was no parking attendant.  I could have written out a note certifying that my 2001 Camry is immaculate and handed to the people at reception.  I expect that would have been flummoxed by such a note.  Whether or not my note is accurate, I would regard it as a reasonable response to the sign.  I would not want to run the risk of being on the wrong side of an irrefutable presumption, so better to state my claim as sweepingly as possible.

The wicked witch had it right.  "What a world, what a world!"


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