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Simple English definitions for legal terms

substantive unconscionability

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A quick definition of substantive unconscionability:

Substantive unconscionability means that a contract has terms that are really unfair and unreasonable. This happens when one party has all the power and the other party doesn't have a real choice. It's like when someone makes you agree to something that is really bad for you, and you don't have any other options. Courts can refuse to enforce these kinds of contracts because they are so unfair. It doesn't matter if the contract becomes more valuable later on, it's still not okay if it was really unfair when it was made.

A more thorough explanation:

Substantive unconscionability refers to extreme unfairness in a contract's terms. It occurs when one party has no meaningful choice, and the other party unreasonably benefits from the contract's terms. A court may refuse to enforce a contract that is unfair or oppressive due to overreaching contractual terms, especially those that are unreasonably favorable to one party while precluding meaningful choice for the other party.

For example, a car dealership may include a clause in a contract that states the buyer cannot sue the dealership for any reason. This clause is an example of substantive unconscionability because it unreasonably favors the dealership and precludes the buyer's meaningful choice to seek legal action if necessary.

Substantive unconscionability depends on the contract's terms at the time of formation, and a later rise in market price is irrelevant. It is different from procedural unconscionability, which results from improprieties in contract formation, such as oral misrepresentations or disparities in bargaining position.

Most cases of unconscionability involve a combination of procedural and substantive unconscionability, as it is generally agreed that if more of one is present, then less of the other is required.

substantive rule | substitute

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1a2b3c4d26z
19:10
Inside thoughts!
19:10
this is where I post my inside thoughts
19:11
Nah, the fucked up thing about therapists is they try and make you think your parents are your enemy 99% of the time and really they should be telling you that your parents have almost no effect on the rest of your life. If they can get you to keep focusing on your parents they can keep making money.
19:12
Yeah, my life really does flow in about 5 years periods.
19:12
My crypto also flows in 5 day epochs too.
19:16
what do you do with your days as an unemployed crypto guy? do you play an instrument or something
19:47
please lawd
19:47
forgive me
19:47
its time to go back to tha old me
19:50
this is what i feel like when i get one single drill question right
19:50
when u get one wrong ;(
therapist slander detected
1a2b3c4d26z
20:37
Anyone got any polymarket locks
1a2b3c4d26z
20:37
Is anyone in here cool like fr cool
1a2b3c4d26z
20:37
Like watch college football cool
1a2b3c4d26z
20:37
Or like
1a2b3c4d26z
20:38
Frat
1a2b3c4d26z
20:39
Sorry guys I'm bored trying to get my Berkeley essay to 4 pages
20:40
no way they want four pages that’s crazy
20:41
bitches wanna be different sooo bad 😴
1a2b3c4d26z
20:42
Technically they want 3 to be completely fair to the powers that be, so I'm really trying to push out to 3
1a2b3c4d26z
20:42
But it's 1/2 inch margins
20:44
assuming it was 2 already, you’ve totally got 3 double spaced pages in you
20:45
should I watch the quirky umich dean videos? i feel like all of you have seen them except me but I can’t work up any enthusiasm for the idea
1a2b3c4d26z
20:54
I like Dean Z not sure why she gets slandered sometimes
1a2b3c4d26z
20:54
I would say yeah, they're helpful. But they can verge on unproductive and stress-inducing if you watch enough of them (especially the application read-through ones)
21:07
okay I’ll check them out
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