Identify and discuss the two elements focused on in relation to procedural unconscionability


The procedural element of unconscionability focuses on two factors: oppression and surprise. Oppression arises from an inequality of bargaining power that results in no real negotiation and an absence of meaningful choice for one party to the contract. Surprise arises when the terms of the contract are hidden in a densely printed form drafted by the party seeking to enforce these terms.

Business

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Of the following taglines or slogans, which would most likely trigger an investigation by the Federal Trade Commission or National Advertising Division?

A) For the finest Asian food come to China Garden B) Eat at Wendy's, the best hamburgers in town C) Tree Top apple juice is twice as good D) For better looking skin, use Avon

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Parties with secondary liability to an instrument can only be sought after the instrument has been dishonored

Indicate whether the statement is true or false

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The vital importance of negotiable instruments and electronic transfers as methods of payment cannot be overstated

a. True b. False Indicate whether the statement is true or false

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A statute or court decision that makes an offer illegal automatically terminates the offer

Indicate whether the statement is true or false

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