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If a court finds that a contract provision or the contract as a whole was unconscionable when made, the court can: Blank______.Multiple choice question.nevertheless dismiss with prejudice the adversely affected party's claim, based on the premise that a bad bargain is still an enforceable agreementonly refuse to enforce the entire contract as per the rules of the UCCgrant punitive damages against the person who insisted on drafting the unconscionable provision or contracteither enforce the other provisions that are fair or refuse to enforce the contract

Question

If a court finds that a contract provision or the contract as a whole was unconscionable when made, the court can: Blank______.Multiple choice question.nevertheless dismiss with prejudice the adversely affected party's claim, based on the premise that a bad bargain is still an enforceable agreementonly refuse to enforce the entire contract as per the rules of the UCCgrant punitive damages against the person who insisted on drafting the unconscionable provision or contracteither enforce the other provisions that are fair or refuse to enforce the contract

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Solution

The correct answer is: either enforce the other provisions that are fair or refuse to enforce the contract. This is because courts have the power to either sever the unconscionable provision and enforce the rest of the contract, or refuse to enforce the contract in its entirety if it is found to be unconscionable.

Similar Questions

A contract or contract provision is ________blank if it is so unfair that a court would be unreasonable if it enforced the contract.Multiple Choiceunconscionableunreasonableillegalunethicalunprincipled

Justin went to court and contended that his automobile sales contract was unconscionable due to the high penalties for nonpayment. The court agreed with Justin that the penalties for nonpayment were unconscionable, but it found that all of the other material terms of the sale were proper. The court may choose to: Blank______.Multiple choice question.order the parties to negotiate a new automobile sales contractenforce the provisions of the contract that the court deems as being faironly enforce the entire contract because there was an agreement between the partiesenforce the contract in its entirety and warn the parties to beware of unconscionable clauses in the future

A court was reviewing a sales contract that contained the following phrase: "If delivery of specified goods is delayed by one day, the seller will pay one million dollars in compensation to the buyer". The purchase price of the goods is $3,000. The court refused to enforce the compensation provision because: Blank______.Multiple choice question.according to the UCC, a liquidated damages provision in a sales contract is per se unconscionablea court can refuse to enforce any provision in any contract at its discretionit exceeds the liquidated damages cap established by the Uniform Commercial Code (UCC)it is unconscionable

Multiple Choice QuestionArbitration awards have been struck down by courts in consumer agreements and employment contracts when the contract is determined to be Blank______.Multiple choice question.unbalancedunconscionablea restraint of tradevoidable

Under the provisions of the UCC, the right of restitution is subject to a __________.Multiple choice question.buyer's right to refuse paymentseller's right to recover damagesbuyer's right to repudiate a contractseller's right to refuse delivery

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