This synopsis of a recent student comment featured in the San Joaquin Agricultural Law Review Volume 28 is part of an ongoing series for Fresno County Bar Association’s Bar Bulletin. The San Joaquin Agricultural Law Review, founded in 1991, is the nation’s first agricultural law review. The San Joaquin Agricultural Law Review is published annually by students of San Joaquin College of Law and is comprised of works from students and professionals from all over the nation. The past 27 Volumes have served as a medium for those most passionate about current legal issues stemming from agriculture’s relationship with the economic and governmental infrastructures of the United States. Authors of articles and comments have been cited by courts of the highest honor, such as the United States District Court for the Eastern District of California, the United States District Court for the Middle District of Tennessee, the California Supreme Court, the Minnesota Supreme Court, the Court of Appeal for the Fifth District of California and the New Mexico Court of Appeals among others. The previous Volumes are available on line at www.sjcl.edu/law-review. Professional articles are always welcome. Contact Volume 29 SJALR Executive Editor/Community Liaison Editor Danielle Patch at danielle.patch@student.sjcl.edu for more information.
ADHESION CONTRACTS: FRIEND OR FOE TO SMALL FARM OWNERS?
By Danielle Patch J.D. Candidate and Staff Member
28 San Joaquin Agric. L. Rev. 1 (2019)
San Joaquin Agricultural Law Review
In the last half-century, the landscape of the agricultural industry has changed greatly. In the United States, the number of farms has decreased by more than one million. Changes in farming technology have led to changes in the farmers’ roles. In recent decades, there has been mounting tension between small farm owners and more powerful agricultural companies with contractual liability often residing mostly with small farm owners.
With the rise of bigger agricultural corporations, small farm owners have seen a decline in their ability to protect their property through the courts. When signing a contract with such companies, small farm owners are often at a bargaining disadvantage and sign standard-form adhesion contracts. With adhesion contracts the consumer must accept all contractual terms as they are presented in order to do business with the company; the consumer does not have a meaningful choice when deciding to contract or not, as many markets are controlled by a handful of small businesses that present essentially identical terms.
Small farm owners can find themselves legally bound to their detriment when entering into adhesion contracts with large agricultural companies. This comment explores the remedies small farm owners have when it comes to challenging such adhesion contracts.