This attractive approach justifies the decision in terms which have nothing to do with unconscionability
74) Parties can contract for the forum in which they wish to litigate; however, state courts retain the power to invalidate forum selection clauses through either the doctrine of unconscionability
or finding it against public policy for other reasons (e.
however, and the subsequent Discover Bank unconscionability
First, the Supreme Court of Missouri found that "the expressly stated issue in Concepcion was whether California's Discover Bank rule was preempted, not whether all state law unconscionability
defenses are preempted.
Like procedural unconscionability
, there are numerous factors a court
, though, is just one locus--albeit an especially perspicuous one--of a conceptual error that is widespread.
170) In order to prevent Instagram's arbitration clause from being challenged by its users, courts should apply California law, which requires very little evidence of procedural unconscionability
when a contract contains a clause that requires a user to give up his or her right to bring a class action suit.
METRICS OF EFFECTIVE VINDICATION, ADEQUACY, AND UNCONSCIONABILITY
clause with respect to unconscionability
and class action waivers.
In this case the unconscionability
is accentuated by the circumstance that the Deceased (and his estate) have benefited from the Plaintiff's reliant conduct
Typical contract defenses may include fraud, duress, unconscionability
, lack of consideration, and waiver.
Despite such critiques, the fact remains that the unconscionability
defence has not generally been successful, (46) a trend that extends to cases involving online user agreements.