In some states that adopted the bulk of the UPAA, an agreement can be challenged solely based on the unconscionability
of the agreement.
precise meaning of unconscionability
in this context is presently
The dimensions of their operations that embody recklessness, incompetence and unconscionability
will go unchecked.
Franchise companies will need to focus on drafting around Nagrampa's substantive unconscionability
ruling, since little likely can be done to deal with the court's procedural unconscionability
, a showing of substantive unconscionability
On the other hand, there may be a silver lining, as courts confronted by breathtaking overreaching (re)invigorate the contract doctrine of unconscionability
Untrue consent of a contractual party can result from unconscionability
or from a major mistake.
The 9th Circuit ruled that this refusal to hire the applicant was not retaliatory, but the court noted that arbitration agreements may still be subject to challenge under principles of contract law such as unconscionability
37) Because the defense of unconscionability
is not available where a loss results from an error in business judgment, the board denied Elter's appeal.
In particular, the FAA does not preempt traditional contract defenses under state law, such as lack of consideration, mutuality, unconscionability
, fraud and duress.
79) Doctrines involving this type of situation include fraud, undue influence, unconscionability
and lack of capacity.
Editorial covers such topics as ethical/professional obligations on attorneys, the law of non est factum, undue influence and unconscionability
, bank guarantees, domestic contracts, employment agreements, corporate transactions, insurance releases and negligence claims against lawyers.