Contracts & ExecutionQuestion 880 of 1605
A contract that is unfair and one-sided to the point of shocking the conscience, formed under grossly unequal bargaining power, may be held unenforceable as:
a.A liquidated contract
b.A unilateral contract
c.An unconscionable contract
d.An integrated contract
Explanation
A contract or clause so grossly unfair and one-sided, formed under a serious imbalance of bargaining power, that it shocks the conscience may be declared unconscionable and refused enforcement, in whole or part. Unconscionability typically has both procedural (unfair bargaining process) and substantive (unfair terms) dimensions. It is unrelated to being 'liquidated,' 'integrated' (a completeness concept), or 'unilateral' (an acceptance-by-performance concept).
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