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Floyd L. Davidson writes:

Merriam-Webster legal dictionary:

reaásonáable adj.

1. 1. Being in accordance with reason, fairness, duty, or prudence 2. Of an appropriate degree or kind

3. Supported or justified by fact or circumstance (a reasonable belief that force was necessary for self-defense)

4. commercially reasonable

2. Applying reason or logic; broadly rational (a reasonable mind) reaásonáableáness

commercially reasonable adj.

Fair, done in good faith, and corresponding to commonly accepted commercial practices (a secured party after default may sell-u2026the collateral in its then condition or following any commercially reasonable preparation - Uniform Commercial Code)

law.com:

reasonable adj., adv. in law, just, rational, appropriate, ordinary or usual in the circumstances. It may refer to care, cause, compensation, doubt (in a criminal trial), and a host of other actions or activities.

Rupp's Insurance & Risk Management Glossary:

contract of adhesion

A contract drafted by one party and offered on a take-it-or-leave-it basis or with little opportunity for the offeree to bargain or alter the provisions. Contracts of adhesion typically contain long boilerplate provisions in small type, written in language difficult for ordinary consumers to understand. Insurance policies are usually considered contracts of adhesion because they are drafted by the insurer and offered without the consumer being able to make material changes. As a result, courts generally rule in favor of an insured if there is an ambiguity in policy provisions.

General standard form contracts

The Uniform Commercial Code which is followed in most states in the US has specific provisions relating to standard form contracts. Standard form contracts will be subject to special scrutiny if they are found to be contracts of adhesion (Rudbart v. North Jersey District Water Supply Commission). For a contract to be a contract of adhesion it must be presented on a standard form on a take it or leave it basis and give the purchaser no ability to negotiate because of their unequal bargaining position. The special scrutiny given to contracts of adhesion can be done in a number of ways:

If the term was outside of the reasonable expectations of the person who did not write the contract, and if the parties were contracting on an unequal basis, then it will not be enforceable. The reasonable expectation is buttessed objectively, looking at the prominence of the term, the purpose of the term and the circumstances surrounding acceptance of the contract.

Section 211 of the Restatement (Second) of Contracts, which has persuasive though non-binding force in courts, provides:

Where the other party has reason to believe that the party manifesting such buttent would not do so if he knew that the writing contained a particular term, the term is not part of the agreement.

This is a subjective test focusing on the mind of the seller and has been adopted by only a few state courts.

The doctrine of unconscionability which is a fact-specific doctrine arising from equitable principles. Unconscionability in standard form contracts usually arises where there is an "absence of meaningful choice on the part of one party due to one-sided contract provisions, together with terms which are so oppressive that no reasonable person would make them and no fair and honest person would accept them." (Fanning v. Fritz's Pontiac-Cadillac-Buick Inc.)

-- John Hasler Dancing Horse Hill Elmwood, WI USA