LII. UNCONSCIONABILITY PERMITTING CONTRACT RESCISSION
Elements to prove when either:
- procedural unconscionability; or
- substantive unconscionability.
A. SUBSTANTIVE UNCONSCIONABILITY
when the terms are unreasonably favorable to one party, such as:
- inflated prices;
- unfair disclaimers of warranty; and
- cutoff clauses
B. PROCEDURAL UNCONSCIONABILITY
when the formation of the contract was unfair, the court will look at elements such as:
- failure to disclose terms;
- misrepresentation or fraud;
- refusal to bargain on certain crucial terms;
- clauses hidden in fine print; and
- unequal bargaining power.