What characterizes a "Contract of Adhesion"?

A "Contract of Adhesion" is characterized by being created by one party and then accepted by another without the opportunity for negotiation. In this type of contract, the terms are typically set by the party that has greater power or resources, such as an insurance company or a large corporation. The other party, often an individual or consumer, has little to no ability to negotiate the terms and must either accept the terms as they are presented or forego the contract entirely.

This lack of negotiation is what distinguishes Contracts of Adhesion from other types of contracts where the parties engage in discussions and modifications to reach a mutually agreed-upon document. The nature of these contracts often places the accepting party in a disadvantageous position, leading to concerns about fairness and equity in contractual agreements.

In distinguishing characteristics of contracts, agreements that are mutually negotiated involve a back-and-forth process between the parties involved. Similarly, contracts requiring equal bargaining power would not fit the definition of a Contract of Adhesion, as these contracts tend to arise from imbalances in bargaining strength. Finally, the assertion that such contracts are always negotiable contradicts the defining feature of a Contract of Adhesion, where negotiation is typically not an option for the party receiving the contract.