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Is an unconscionable contract the same as an illegal contract? If not, what's the difference?

User Oersted
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Final answer:

An unconscionable contract is not the same as an illegal contract. An unconscionable contract is unfair and heavily favors one party, while an illegal contract violates the law or public policy.

Step-by-step explanation:

An unconscionable contract is not the same as an illegal contract, although they are both problematic in different ways. An unconscionable contract is a contract that is extremely unfair and heavily favors one party over the other. It is typically characterized by a lack of bargaining power and a lack of meaningful consent.

In contrast, an illegal contract is a contract that violates the law or public policy. This means that the subject matter of the contract is illegal, such as a contract for illegal activities or a contract that violates government regulations.

While both types of contracts can be unenforceable, the main difference is that an unconscionable contract may be unenforceable due to its unfairness, whereas an illegal contract is unenforceable because it is against the law.

User Deltanovember
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