asked 75.4k views
2 votes
Because of the inequality of bargaining power, the element of voluntary participation without duress may be deemed to be absent in which type of contract?

asked
User Nitochi
by
8.7k points

1 Answer

5 votes

Answer:

unconscionable contract/ unenforceable contract

Step-by-step explanation:

Unconscionable contracts are contracts that is unfair to one party and therefore unenforceable under law, they are considered unjust because it is so one-sided to a party in the contract.

It is a type of contract that leaves one party with no real, meaningful choice, usually due to major differences in bargaining power between the parties.

In a lawsuit, if the court finds a contract to be unconscionable, they will typically declare the contract to be void.

Inequality of bargaining power in law, economics and social sciences refers to a situation where one party to a "bargain", contract or agreement, has more and better alternatives than the other party.

Inequality of bargaining power is generally thought to undermine the freedom of contract, resulting in a disproportionate level of freedom between parties.

answered
User Ashkangh
by
7.9k points
Welcome to Qamnty — a place to ask, share, and grow together. Join our community and get real answers from real people.