Question

Unfairness in the bargaining process of an agreement is referred to as "_____"" by courts.

A) Procedural unconscionability.
B) Exculpatory evaluation.
C) Substantive unconscionability.
D) Rescission.

Answer 1

Substantive unconscionability is the term used to describe the unfairness in the bargaining process of an agreement. The correct option is C .

Step-by-step explanation:

The unfairness in the bargaining process of an agreement is referred to as substantive unconscionability by courts.

Substantive unconscionability is a term used to describe an agreement or contract that is so one-sided or unfair that it shock the conscience of the court.

It refers to the substantive fairness or unfairness of the terms of the agreement, rather than the fairness of the bargaining process itself.

For example, if one party in the bargaining process has significantly more bargaining power and takes advantage of the other party, resulting in unfair and oppressive contract terms, the court may deem it as substantively unconscionable. The correct option is C .