Strategies and Tips for Employment Law (9:VII): Difference between revisions
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Strategies and Tips for Employment Law (9:VII) (view source)
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A contract is unenforceable for unconscionability if: | A contract is unenforceable for unconscionability if: | ||
• It is a grossly unfair and improvident transaction; | |||
• The victim did not receive independent legal advice or other suitable advice; | • The victim did not receive independent legal advice or other suitable advice; | ||
• There exists an overwhelming imbalance in bargaining power caused by the victim’s ignorance of business, illiteracy, ignorance of the language of the bargain, blindness, deafness, illness, senility, or similar disability; and | • There exists an overwhelming imbalance in bargaining power caused by the victim’s ignorance of business, illiteracy, ignorance of the language of the bargain, blindness, deafness, illness, senility, or similar disability; and | ||
• The other party knowingly took advantage of this vulnerability. | • The other party knowingly took advantage of this vulnerability. | ||
