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Contracts Ch. 3.F. Unconscionability. Unconscionability. Doctrinal Requirements. Procedural unconscionability. Substantive unconscionability. Remedies in Unconscionability Cases. What are the options?
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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