LAW 421 Week 3 Assignment, Contract Law Dispute Resolution


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LAW 421 Week 3 Team Assignment, Contract Law Dispute Resolution

Courts enforce contracts according to their terms, operating under the assumption and general rule of freedom of contract, which says that contracts are enforceable as long as they’re lawful and the other elements of formation are met. However, contracts are not enforce in two circumstances: if they are unlawful, or unconscionable. Unlawful contracts are not ….at all; rather they’re not acknowledged as having existed in the first place. Unlawful contracts are contracts for which the object is illegal. Unconscionable contracts are contracts that are oppressive or manifestly unfair. There are three elements required to prove that a contract is unconscionable – the parties must have possessed severely unequal bargaining power, the dominant party must have unreasonably used its power to obtain the oppressive terms, and the adhering party must have had no reasonable alternatives………………..Continuedlaw 421 week 3