Standard form contracts often limit genuine consent because they are pre-drafted with little room for negotiation, leading to a “take it or leave it” situation. While parties technically agree by signing, true informed and voluntary consent may be lacking, especially when there is unequal bargaining power.
Standard form contracts, by their nature, present a challenge to the notion of true consensual agreement because they are drafted by one party and offered to the other on a "take-it-or-leave-it" basis. While implied consent and a duty to read are often invoked to enforce them, the inherent power imbalance and lack of negotiation can undermine the idea of genuine agreement.
A standard form contract is rarely truly “consensual” because it is typically offered on a “take it or leave it” basis, leaving the weaker party with little or no opportunity to negotiate the terms. While such contracts may technically require consent, the lack of real bargaining power and meaningful choice undermines genuine consent, making it largely formal rather than substantive
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