Wednesday, January 26, 2011
Seinfeld on Collision Damage Waivers & Adhesion Contracts
For anyone who teaches Lauvetz v. Alaska Sales and Service d/b/a National Car Rental (or any of the issues addressed therein, including enforceability of adhesion contracts, hidden/unknown terms that go beyond one's reasonable expectation, etc.), this short Seinfeld clip is useful (and of course, entertaining). It aligns with the facts of Lauvetz because Jerry, like the plaintiff in Lauvetz, ends up purchasing "the insurance" and/or collision damage waiver that rental car companies offer. In the clip, Jerry--like Lauvetz--likely assumes that the insurance/waiver covers far more than it actually covers. I suppose it also could be used to discuss implied promises or contractual formation, given that the car rental company does not treat Jerry's reservation as a promise or contract. As Jerry says to the rental company rep, "You know how to take the reservation; you just don't know how to hold the reservation."
[HRA]
https://lawprofessors.typepad.com/contractsprof_blog/2011/01/seinfeld-on-collision-damage-waivers-adhesion-contracts.html