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  2. Unconscionability - Wikipedia

    en.wikipedia.org/wiki/Unconscionability

    The existence of the procedural unconscionability without substantive unconscionability may be sufficient to set aside a contract, but the latter, by itself, may not. As with issues of consideration, the court's role is not to determine whether someone has made a good or bad bargain, but merely whether that party had the opportunity to properly ...

  3. Unconscionability in English law - Wikipedia

    en.wikipedia.org/wiki/Unconscionability_in...

    Waddams, 'Unconscionability in Contracts' (1976) 39 Modern Law Review 369; RA Epstein, 'Unconscionability: A Critical Reappraisal' (1975) 18 Journal of Law and Economics 293, 297, “The question of duress is not that of the equality of bargaining power in a loose sense that refers to the wealth of the parties. It is the question of what means ...

  4. Consumer arbitration - Wikipedia

    en.wikipedia.org/wiki/Consumer_arbitration

    Most jurisdictions in the United States determine unconscionability based on two prongs: procedural unconscionability and substantive unconscionability. [ 20 ] : 393 Procedural unconscionability arises from "contract formation" issues such as inconspicuous terms or terms offered on a "take-it-or-leave-it basis", while substantive ...

  5. Standard form contract - Wikipedia

    en.wikipedia.org/wiki/Standard_form_contract

    A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, [a] a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it ...

  6. Substantive due process - Wikipedia

    en.wikipedia.org/wiki/Substantive_due_process

    Substantive due process is to be distinguished from procedural due process. The distinction arises from the words "of law" in the phrase "due process of law". [ 3 ] Procedural due process protects individuals from the coercive power of government by ensuring that adjudication processes, under valid laws, are fair and impartial.

  7. Due process - Wikipedia

    en.wikipedia.org/wiki/Due_process

    Shipley, David E. Due Process Rights Before EU Agencies: The Rights of Defense Article discussing the procedural safeguards that have been recognized in the EU and the parallels between procedural due process in the United States and the rights of defense in the EU. Sudbury Valley School (1970). Due Process of Law in School [broken anchor]. A ...

  8. Procedural due process - Wikipedia

    en.wikipedia.org/wiki/Procedural_due_process

    Procedural due process is required by the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution. [1]: 617 The article "Some Kind of Hearing" written by Judge Henry Friendly created a list of basic due process rights "that remains highly influential, as to both content and relative priority."

  9. Due Process Clause - Wikipedia

    en.wikipedia.org/wiki/Due_Process_Clause

    The U.S. Supreme Court interprets these clauses to guarantee a variety of protections: procedural due process (in civil and criminal proceedings); substantive due process (a guarantee of some fundamental rights); a prohibition against vague laws; incorporation of the Bill of Rights to state governments; and equal protection under the laws of ...