What Are The Elements Of Unconscionability? Undue influence; Duress; Unequal bargaining power; Unfair surprise; or. Limiting warranty. What are the two types of unconscionability? Two general types of potentially unconscionable provisions are exculpatory clauses and disclaimers / limitations of warranty liability. Exculpatory clauses are clauses which release a party from liability for injuries that he
Which Of The Following Is An Example Of Substantive Unconscionability? One example of substantive unconscionability is a grossly excessive price for a product. Generally speaking, courts do not enforce illegal agreements or compensate parties who have performed under such agreements. Instead, the court leaves the parties where it finds them. What is substantive unconscionability? Legal
What Is The Basic Requirement For The Concept Of Unconscionability To Apply? Generally, a determination of unconscionability requires a showing that the contract was both procedurally and substantively unconscionable when made, BUT there may be exceptional cases where a provision of the contract is so outrageous as to warrant holding it unenforceable on the ground