WEEK7: Unconscionability

Question 1

Unconscionability

Answer 1

consists of “an *absence of *meaningful *choice on the part of one of the parties together with contract *terms which are *unreasonably *favorable to the other party”

Question 2

Procedural unconscionability

Answer 2

May refer to either *lack of *choice by one party or some *defect in the *bargaining process (such as quasi-fraud or quasi-duress).

Question 3

Substantive unconscionability

Answer 3

Relates to the *fairness of the *terms of the resulting bargain.