What is a defining feature of a contract of adhesion?

A defining feature of a contract of adhesion is that it is presented on a "take-it-or-leave-it" basis by one party, typically the party that drafted the contract. In these situations, one party exerts greater power by setting the terms unilaterally, leaving the other party with little to no opportunity to negotiate the specifics of the contract. This often occurs in standard form contracts, such as those used by insurance companies or large corporations, where the stronger party offers a standardized agreement to the weaker party.

Since the weaker party cannot negotiate the terms, they must either accept the contract as it stands or reject it entirely. This imbalance in power can lead to concerns about fairness, as the weaker party may have limited understanding of the legal details or implications of the contract. Overall, the characteristic of a contract of adhesion is rooted in its lack of mutual negotiation, distinguishing it from other types of contracts where both parties typically have the opportunity to discuss and amend terms.