Question

If a court finds as a matter of law that a clause of Superior Siding's contract was unconscionable at the time the contract was made, the court must refuse to enforce the contract?

Answer 1

If a court finds a clause in a contract to be unconscionable, it may refuse to enforce the contract. Unconscionability refers to terms that are so unfair or oppressive that they shock the conscience of the court. The court will consider various factors when determining if a contract is unconscionable.

Step-by-step explanation:

If a court finds that a clause of Superior Siding's contract was unconscionable at the time the contract was made, it may refuse to enforce the contract. Unconscionability refers to terms that are so unfair or oppressive that they shock the conscience of the court. The court will consider factors like the relative bargaining power of the parties, the presence of unfair terms, and any evidence of deception or coercion when determining whether a contract is unconscionable. If the court finds the clause to be unconscionable, it may choose to strike down or modify that specific clause, or refuse to enforce the entire contract.