Question

When a court refuses to enforce a provision of a contract to avoid "unfair" terms, it is applying the concept of:

A disaffirmance

B pari delicto

C promissory estoppel

D unconscionability

Answer 1

The concept being applied in this situation is unconscionability.

Step-by-step explanation:

When a court refuses to enforce a provision of a contract to avoid "unfair" terms, it is applying the concept of unconscionability. Unconscionability refers to contract terms that are so one-sided or oppressive that they are considered unfair and against the public interest. Courts may refuse to enforce such terms to protect the weaker party.