Asked by Akwinder Chattha on May 05, 2024
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Which of the following is a possible example of procedural unconscionability?
A) A clause excluding a seller's liability for consequential damages from a defective good.
B) A clause imposing a penalty for failure to deliver the goods on time.
C) A high price term in a contract.
D) A fine-print price term in a contract.
Procedural Unconscionability
A legal term referring to a situation where one party to a contract is at such a severe disadvantage, usually because of imbalanced bargaining power, that the contract becomes unfair.
Consequential Damages
Damages that do not flow directly and immediately from an act but rather flow from the results of the act; damages that are indirect consequences of a breach of contract or certain other legal wrongs. Examples include personal injury, damage to property, and lost profits.
High Price Term
A condition or aspect of a contract that involves a significant cost or financial obligation.
- Understand the concept of unconscionability and its types (procedural and substantive) in contract law.
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Learning Objectives
- Understand the concept of unconscionability and its types (procedural and substantive) in contract law.
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