Which of the following elements has to be proved for a contract to be deemed unconscionable?
A) that the weaker party did not enter the contract under duress
B) that the parties had equal bargaining power
C) that the dominant party justly used its bargaining power
D) that the adhering party had no reasonable alternative

Question

Quizplus · Accepted Answer

To prove that a contract is unconscionable, it must be shown that the adhering party had no reasonable alternative but to accept the terms of the contract. This is known as the element of procedural unconscionability. The fact that the weaker party did not enter the contract under duress or that the parties had equal bargaining power may be relevant to the analysis, but they are not the determinative factors. The dominant party's use of bargaining power may be relevant to the analysis of substantive unconscionability, but it is not a necessary element for a finding of unconscionability overall.

Which of the Following Elements Has to Be Proved for a Contract