PRETRIAL ADJUDICATION
...Contract Arbitration
......Opposing Arbitration
.........Unconscionability
............State Authority
6 Cards On This Topic:

Enforcement of unconscionable K may be refused.

Evidence of commercial setting, purpose and effect is admissible on unconscionability issue.

Contract provision will be denied enforcement if unduly oppressive within its context.

Developer cannot use a declaration of CC&R's containing binding arbitration clause as a device to preclude homeowners, and their association, from pursuing damages action for construction or design defects.

Adhesion K containing selection of distant forum may be unconscionable.

Unconscionability of arbitration provision must be measured at time the agreement was made.