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When will a contract not be enforced, even if it would be enforceable under contract law?
- illegal bargains
- unconscionable contracts
What is an unconscionable contract?
an agreement that "shocks the conscience" of the court
= unfair or unduly harsh
What are the 2 kinds of unconscionability?
- procedural -- bargaining process was unfair/harsh
- substantive -- contract terms are unfair/harsh
What is a consumer?
person that buys sth for personal, family, or household use
Why aren't business people as protected as consumers?
business people are expected to have better resources and knowledge