Asked by Diego Silva on Jul 03, 2024
Verified
If a court finds a contract unconscionable:
A) the court may refuse to enforce only the unconscionable part.
B) it must, in all states, be found both substantively and procedurally unconscionable to be unenforceable.
C) the court must refuse to enforce the contract.
D) the contract must fall strictly within the Code's or the Restatement's definition of "unconscionable" to be unenforceable.
Unconscionable
Describing an act or behavior that is excessively unfair, unreasonable, or unjustifiable according to moral or legal standards.
Procedurally Unconscionable
Procedurally unconscionable refers to a condition where the manner in which a contract was formed was unfair or oppressive, typically due to issues like a lack of negotiation or meaningful choice.
- Comprehend the legal consequences of unconscionable contracts and clauses.
Verified Answer
AB
alexis bectonJul 06, 2024
Final Answer :
A
Explanation :
Courts have the discretion to refuse to enforce only the unconscionable part of a contract, allowing the remainder of the contract to be enforceable if it can stand independently without the unconscionable part. This approach provides flexibility in addressing issues of fairness and equity in contractual agreements.
Learning Objectives
- Comprehend the legal consequences of unconscionable contracts and clauses.