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This overview explores the concept of unconscionability in contract law, detailing both procedural and substantive unconscionability. It discusses doctrinal requirements and presents various remedies available in cases of unconscionability. Options include refusing to enforce the entire contract, refusing to enforce specific unconscionable terms, or reforming terms to make them reasonable. Additionally, it addresses the best remedies in notable cases like Frostifresh and Williams, providing insights into judicial approaches to unconscionable contracts.
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ContractsCh. 3.F. Unconscionability Unconscionability
Unconscionability Doctrinal Requirements Procedural unconscionability Substantive unconscionability
Remedies in Unconscionability Cases • What are the options? • Refuse to enforce entire K (i.e., grant rescission and award restitution where necessary, as in duress or misrepresentation cases). • Refuse to enforce unconscionable term, leaving in its place a default term where necessary. • Reform unconscionable term by replacing it with a reasonable term governing the same issue. • What is the best remedy in Frostifresh? • What is the best remedy in Williams if trial court finds unconscionability? Unconscionability
