What type of contract allows one party to dictate the terms without negotiation?

Study for the Michigan Surplus Lines Test. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

An adhesion contract is characterized by one party having significantly more power in the negotiation process, resulting in terms that are established by that party without any opportunity for the other party to negotiate. Typically, this type of contract is used in situations where one party offers a standard form contract, such as insurance policies, leases, or consumer agreements. The party that prepares the contract usually has more expertise, resources, or bargaining power, leaving the other party with little choice but to accept the terms as they are presented.

This type of contract is often used in contexts where the conditions are set by a more dominant entity, such as a large corporation or service provider. The lack of negotiation is a defining feature of adhesion contracts, as they are presented on a "take-it-or-leave-it" basis. This can potentially raise issues of fairness and unconscionability, prompting courts to examine the enforceability of such contracts if they are found to be excessively one-sided.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy