Unconscionability

Question 1

in terms of procedural (lack of meaningful choice) and substantive (harsh or oppressive terms) unconscionability.

Answer 1

unconscionability

Question 2

The basic test is whether, in the light of the general commercial background and the commercial needs of the particular trade or case, the clauses involved are ___________ as to be unconscionable under the circumstances existing at the time of the making of the contract.

Answer 2

so one-sided

Question 3

Procedural deficiencies in the process of contract formation. E.g., deception or refusal to bargain over contract terms,

Answer 3

Procedural

Question 4

Whether those terms are unreasonably favorable to the more powerful party,. E.g., terms that impair the integrity of the bargaining process or otherwise contravene the public interest or public policy,
terms (usually of an adhesion or boilerplate nature) that attempt to alter in an impermissible manner fundamental duties otherwise imposed by the law,
fine-print terms or provisions that seek to negate the reasonable expectations of the nondrafting party, or
unreasonably and unexpectedly harsh terms having to do with price or other central aspects of the transaction

Answer 4

Substantive

Question 5

An imbalance in bargaining power of the parties may render a contract so coercive and one-sided as to prevent plaintiff from having voluntarily assented to its terms, thus making the contract

Answer 5

Adhesion Contracts

Question 6

An agreement which is made on a “take it or leave it” basis without affording a buyer any realistic opportunity to bargain is a

Answer 6

Adhesion Contracts

Question 7

is not per se unconscionable

Answer 7

Adhesion Contracts