One court noted that review of an agreement for unconscionability
"is substantially more circumscribed than review for mere inequity," (232) and courts are to examine factors of "unfair surprise, notice, disparity of bargaining power, and substantive unfairness.
81) Doctrines involving this type of situation include fraud, mutual mistake, undue influence, unconscionability
, and lack of capacity.
then apply this insight through recourse to the doctrine of unconscionability
as a means of vitiating consent (this requiring a power-dependency relationship involving inequality as well as exploitation).
matters, then, only because it leads to substantive unconscionability
Lease consents are, however, extremely coercive in an economic sense, and Part II continues the lease consent analysis in light of the contract doctrines of adhesion and unconscionability
At the popular level, we have come to expect constraints on individual contracts such as minimum wage legislation, and in the courts we continue to work out concepts of unjustifiable enrichment and unconscionability
in ways that would have been hard to imagine at the turn of the century.
The court's invalidation of a disclaimer on the basis of unconscionability
in a 1985 decision generated legislative concern.
The focus then shifts to sources of letter of credit law and the influence of practice (Chapter 2), automatic extension and reduction clauses (Chapter 3), confirmation, counter standbys, and counter guarantees (Chapter 4), LC fraud, abuse, and unconscionability
(Chapter 5), and transfer & assignment and transfer by operation of law (Chapter 6).
214) Moreover, unconscionability
takes various forms of unfairness into account, focusing both on defects in the process of forming an agreement as well as defects in the substantive impact of the agreement.
it was entered into under duress, or on unconscionability
grounds if the
Further, even in the United States, the doctrine of unconscionability
has proven to be fickle.
18) The Supreme Court also has constricted the ability to challenge arbitration clauses on fairness grounds, as it has foreclosed certain unconscionability
defenses to arbitration clauses, (19) and required that other challenges to arbitration be resolved by the arbitrator rather than by a court.
117) Under this approach, users will be limited to (a) challenging the Internet speech forum provider's power to remove the content under the contract, (b) arguing the procedural or substantive unconscionability
of the contract terms or the underlying contract itself, or (c) contending that the terms should be void for reason of public policy.
While not typically framed as such, the doctrine of unconscionability
provides another possible mechanism for courts to take children's interests into account in enforcing contracts that affect them indirectly.
in Clickwrap Dispute Resolution Clauses and a Proposal for Improving the Quality of These Online Consumer "Products ", 26 OHIO ST.