Los contratos de adhesión : tendencias en la evolución de la protección del consumidor en el derecho stadounidense

Abstract

The objectives of this article are three-fold: to analyze the different decisions adopted by the United States courts in order to resolve adhesión contract lawsuits, to reflect their impact in relation to the protection of consumer rights, and also to discuss their possible influence on Spanish law. Consumers hold the weaker position in business transactions and adhesion contracts are therefore imposed upon them in what is often considered an abusive manner, because they deny them the power to negotiate even the most essential terms ot the agreement. The author suggests that both Spanish and United States lawmakers would be wise to resolve adhesion contract lawsuits in such a way to avoid the total ineffectiveness of the contract, while still defending the conservation principle of commercial law. Perhaps the most useful conclusion that can be drawn from the cases examined in the article is the following: every consumer should take the initiative to closely examine the language of adhesion contract clauses in order to avoid unexpectedly having their interests adversely affected.