Unconscionability Flashcards
1
Q
2 types of unconscionability
A
procedural and substantive
2
Q
procedural unconsc..
A
- absence of meaningful choice
- gross inequality of bargaining power
- reas. opportunity to understand terms of contract
- imp. terms hidden in maze of FINE print
- imp. terms Minimized by Deceptive Sales practices
- little or NO knowledge of its terms
3
Q
Substantive uncons…
A
- Contract terms are UNREAS favorable to ONE pARTY
- “one-sided bargain”
- “commercially unreasonable contract”
- “extreme” compared to the “mores and business practices of the time & place.
