Transcription of Contractual Unconscionability: Identifying and ...
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Contractual Unconscionability: Identifying and UnderstandingIts Potential ElementsBYPAULBENNETTMARROWI magine appearing before a court on behalf of a liti-gant. The theory for your position is grounded in astatute that lacks any statement of criteria. You haveno idea what the legal elements of your position have checked the case law, and not one opinionsuggests a criteria or lists any of the elements. Yet youhave found decisions that say your pleadings should bedismissed if they recite mere unsubstantiated this isn t enough, you have found many decisionsindicating that courts know a valid claim arising underthis statute when they see one!
scionable covenants. The courts are given the power to (1) define what as a matter of law is unconscionable, (2) de-cide whether to enforce a covenant if doing so would lead to an unconscionable re-sult given (a) the court’s def-inition and (b) where appro-priate, receive proof offered by the parties.
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