The court will scrutinize the contract terms themselves to determine weather they are oppressive, unreasonably one-sided, or unjustifiably harsh in the Substantive unconscionability case.
According to law the question of whether the terms of the contract are oppressive and their content are covered under substantive unconscionability. Among the elements of substantive unconscionability include exorbitant prices, unfair disclaimers, immoral terms, and contracts that go against the law.
The likelihood that a contract will be ruled unconscionable increases if both unfair negotiation and unjust substantive terms are demonstrated. It is frequently used to demonstrate unfair negotiating that the disadvantaged party has no real options.
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