Unformatted text preview: • This is a contradiction of duty to read rule. • Policy: Inequality of bargaining power, almost an adhesion K. Court knows people don’t read Ks. §211 Standardized Agreements – where the other party has reason to believe that the party manifesting such assent would not do so if he knew that the writing contained a particular term, the term is not part of the agreement. *3 things to look for to determine if term violates R.E.D. : 1. Bizarre or Oppressive 2. Eliminates Dominant Purpose of Transaction 3. Boilerplate Overrides Dickered Term • RED generally applies in insurance Ks b/c they are adhesion Ks...
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- Fall '08
- defendant insurance company, non-dickered boilerplate terms, Boilerplate Overrides Dickered, Interpretation C&J Fertilizer