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Contracts where one party, being in a position of strength, takes advantage of the other party, and which are held to be unenforceable, are called:

a. unconscionable contracts
b. contracts in restraint of trade
c. exculpatory agreements
d. contracts with public servants e. none of the other choices

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Final answer:

Contracts that are extremely unfair and take advantage of one party's weaker position are called unconscionable contracts, and the legal system refuses to enforce them. They contrast with legally enforceable contracts, like an employment agreement between a patient and a surgeon, which rely on the legal system's support.

Step-by-step explanation:

Contracts where one party, being in a position of strength, takes advantage of the other party, leading such agreements to be considered unenforceable, are called unconscionable contracts. These types of contracts are deemed to be so unfair to one party that they are void of conscience, and therefore, the legal system refuses to enforce them. The concept is closely tied to the idea that contractual rights are based on property rights, which include the ability to enter into agreements for the use of one's property with the expectation that the legal system will enforce such contracts. An example of a contract that would be enforced is the employment agreement between a patient and a surgeon, where the surgeon expects to be paid for their services. Without the enforcement of contracts, the risks of non-payment would deter individuals from entering into agreements, hindering business transactions and economic growth.

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