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To escape unconscionable contract, party must show...

A) Willful participation in the unconscionable conduct
B) Lack of knowledge or understanding of the contract terms
C) Willingness to uphold the unconscionable terms
D) Consent to unfair contract terms willingly

User Yeswanth
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1 Answer

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Final answer:

To escape an unconscionable contract, a party must typically demonstrate a lack of knowledge or understanding of the contract's terms, which are so one-sided that they shock the conscience.

Step-by-step explanation:

To escape an unconscionable contract, a party must generally show a lack of knowledge or understanding of the contract terms. Unconscionability means that the terms of the contract are so one-sided or oppressive that they shock the conscience of a reasonable person. Typically, courts will find a contract to be unconscionable if one party did not have a reasonable opportunity to understand the terms of the contract or if there were significant power imbalances between the parties, often due to one party’s lack of knowledge, expertise, or representation. Thus, showing willful participation, willingness to uphold, or consent to unfair terms would not help in escaping an unconscionable contract, since these imply a degree of understanding or acceptance of the terms that are deemed unconscionable.

User Oshri
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