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Doctrine & Statutes

Procedural Unconscionability

Defects in how the agreement was formed: oppression and surprise.

Assessed through the absence of meaningful choice, disparity in bargaining power, and the burial of material terms. A standard-form contract presented on a take-it-or-leave-it basis supplies a baseline; findings are strengthened where the terms arrive at a moment of transactional pressure, run to great length, or make the escape hatch — an opt-out — difficult to find and burdensome to exercise repeatedly.

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