unconscionability

Question 1

unconscionability

Answer 1

gives courts means to police those that shock the conscience

Question 2

definitions

Answer 2

substantive unfairness mixed with an absence of bargaining ability that does not rise to the level of incapacity OR does not rise to the level of misrep, duress, or undue influence

Question 3

208

Answer 3

if unconscionable at time contract is made court may refuse to enforce, enforce without the term, or limit application of the term

Question 4

ucc2-302

Answer 4

matter of law at time it was made. refuse to enforce the contract, may enforce the reminder,limit application to avoid unconscionable result

Question 5

relationships

Answer 5

consumers against merchants
franchisees against franchisors
employees against employers

Question 6

procedural

Answer 6

agreement process, lack of menaigful choices. UCC 302 takes about an “unfair surprise”

Question 7

substantive

Answer 7

terms of contract. UCC 302 talks about “prevention of oppression”
focus on fairness of exchange

Question 8

both P and S unconschionabilty must be present

Answer 8

at time of contracting,

sliding scale

Question 9

procedural UNC

Answer 9

hidden terms and confusing terms, unequal bargaining per, undermining the reason for the contract

Question 10

substantive UNC

Answer 10

terms cannot be justified, nature of term, is there equivalency

COMMON THEME is OUTRAGEOUSNESS

Question 11

unconscionability in general

Answer 11

absence of meaningful choice on part of one of the parties together with contract terms that unreasonably favorable to the other party