"The contracts of adhesion referred to by Mr. Mbanefo are usually contracts where the parties are not equal. They are usually contained in standard forms of contract - a "take it or leave it" sort of transaction. They are indeed modern in origin as Lord Diplock observed in Instore v. A. Schroeder Music Publishing Co. Ltd. 1974 1 W.L.R. 1308. These contracts are concentrated in relatively few hands and the terms are usually not negotiated between the parties thereto. The party with the bargaining power dictates the terms. The weaker party is presented with a form and asked to "sign here". He does of course. Nothing happens until trouble arises. The goods might get lost and the weaker party is told "Look here you have no claim, you signed here or did you not?" In England, the Law Commission has looked into the matter and taken care of it. In this country, there could be a recourse to the common law for, in Gillespee Bros. and Co. Ltd. v. Roy Bowles Transport Ltd. 1973 Q.B. 400 Lord Denning suggested the reasonableness test. An objective test of reasonableness could easily be an answer to the problem posed by contracts of the nature that imports inequality in the parties." In SONNAR (NIG.) LTD & ANOR. V. PARTENREEDRI M. S. NORDWIND OWNERS OF THE SHIP M. V. NORDWIND & ANOR. Suit No; SC.38/1986 Per ESO JSC (Pp. 26-27, paras. C-A)
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July 1, 2019 1:38 am