For example, in some states the unconscionability
of the agreement is to be determined at divorce, not the time of signing, and in a number of states a finding of unconscionability
alone is grounds for a successful challenge.
into the test for promissory estoppel.
This statement refers to doctrines such as unconscionability
that courts have used with limited success to restrain the expanded FAA.
Admittedly, the hurdle in the courts to winning a business to business unconscionability
suit is formidable.
681, 687 (1996) ("[G]enerally applicable contract defenses such as fraud, duress, or unconscionability
may be applied to invalidate arbitration agreements without contravening [9 U.
The court analyzed the arbitration agreement for both procedural and substantive unconscionability
202) A determination of substantive unconscionability
requires proof of
may be yet another reason living constitutionalists are much more open to non-Article V amendment.
Importantly, the consideration of unconscionability
in this context should be separated from the discussion over stored embryos given the direct clinical utility of UCB.
My client called me and said they were thinking of agreeing to this because they hoped the clause would be unenforceable by a court due to unconscionability
Contract Law in the Welfare State: A Defense of the Unconscionability
Doctrine, Usury Laws, and Related Limitations on the Freedom to Contract.
Build It, They Might Stay: Unconscionability
in Modern Sports Stadium