Question

What are some questions that should be asked when examining the substantive unconscionability of the K or clause?

Answer 1

Some questions to ask when examining the substantive unconscionability of a contract or clause involve assessing fairness, hidden provisions, bargaining power, public policy, and remedies.

Step-by-step explanation:

The substantive unconscionability of a contract or clause refers to the fairness and reasonableness of the terms and conditions presented in the agreement. When examining the substantive unconscionability, there are several questions that should be asked:

1. Are the terms excessively one-sided or oppressive to one party?
2. Are there any unfair or hidden provisions that may disadvantage one party?
3. Does the contract take advantage of the weaker party's lack of bargaining power?
4. Is the contract or clause against public policy or illegal?
5. Does the contract provide a remedy in case of breach or is it overly restrictive?

Examining these questions helps determine if the contract or clause is unconscionable and should not be enforced.