Penalty Clause
This argument is also distinct from that of unconscionability although there is an element which is similar. The law with respect to the use of a “genuine pre-estimate of liquidated…
Equitable Defences to the Contract
The resort to the defence of equitable pleas of unconscionability, undue influence and duress are usually hallmarks of desperation. Each is a distinct but similar remedy. They are often pleaded…
Duress
The essential difference between duress and unconscionability is that duress looks to determine whether the consent was freely given, whereas the latter is founded in the unequal bargaining position of…
Undue Influence
An argument of undue influence, a remedy in equity as is the plea of unconscionability, looks to the issue of the consent to the bargain. Undue influence, duress and unconscionability…
Employer’s Plea
Cases are few in which it is the employer which makes the submission that the contract is unfair, as reviewed above. In one such unusual case, the termination provision in…
Degree of Unfairness
Degree of Unfairness – Old Law Many cases have commented upon the nature of the advantage that has been taken by the party in power, which is most often the…
Inequality of Bargaining Power
Inherent Vulnerability This branch of the test of unconscionability test is advantaged in the employment context. Employment agreements have been given a unique classification which distinguishes them form typical commercial…
Unconscionability
An Equitable Remedy Relief from a contractual term that is unconscionable is founded in equity. Cases succeeding in an employment context are rare. As stated in cases cited below, this…