Question

A contract between First Credit and its customer includes an exculpatory provision limiting First Credit’s liability for the negligence and willful misconduct of First Credit’s agents and representatives. This provision is probably

Answer 1

This provision is unenforceable because it is unconscionable.

In common law, an unconscionable provision is one that is extremely advantageous for one party, and leaves the other party completely unprotected. Generally, the party with the highest bargaining power will try to impose unconscionable provision because it knows that the other party's negotiating position is much weaker.

In this case, the bank's bargaining power is much larger than its customers', and it is trying to take an illegal advantage from it.