What type of contract is characterized by one party having more power in drafting the agreement?

Study for the South Carolina Adjuster Licensing Test. Use flashcards and multiple choice questions with hints and explanations. Prepare thoroughly!

The type of contract referred to in the question is an adhesion contract. This type of contract is typically created when one party, often in a position of power, drafts the contract terms and presents it to the other party on a "take it or leave it" basis. This dynamic means that the party with less negotiating power has little or no opportunity to alter the terms of the agreement.

Adhesion contracts are commonly found in consumer agreements, such as insurance policies, rental agreements, and other service contracts where the provider establishes the terms. The imbalance of power inherent in these contracts can sometimes lead to disputes about enforceability or interpretation, especially if the terms are deemed unconscionable or unfair.

The other types of contracts mentioned do not share this fundamental characteristic. Negotiated contracts involve mutual agreement and bargaining between the parties, allowing for more balanced power dynamics. Mutual contracts are agreements where both parties have obligations and rights; standard contracts are typically pre-written contracts that may still allow for some degree of negotiation depending on the context. However, neither of these emphasizes the power imbalance characteristic of adhesion contracts.

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