What is a key characteristic of contracts of adhesion?

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Contracts of adhesion are characterized by being drafted solely by one party, typically a stronger or more sophisticated one, such as a corporation or service provider, leaving the other party with little to no opportunity to negotiate terms. This lack of negotiation power for the weaker party is a fundamental aspect of contracts of adhesion, which are often presented on a "take it or leave it" basis.

These contracts are commonly used in scenarios where standard terms are necessary for efficiency, such as insurance agreements or service contracts. The party that drafts the contract tends to have a significant advantage, as the terms are often heavily weighted in their favor. Thus, the defining attribute of contracts of adhesion is the unilateral creation of the terms, which reinforces the notion of unequal bargaining power between the parties involved.

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