Eliminating Unconscionability in Assessing Mandatory Clauses by Deploying the ‘Vantage Point of Public Policy


Dealing with the appropriateness of a

mandatory arbitration clause from the view

that it is possibly unconscionable leads only

to uncertainty because each clause must be

tested against a subjective standard. When

unconscionability is that standard, the decision

must be made as a matter of law but

this isn’t possible because

subjectivity inevitably comes into play. But

things change, and they change for the better,

when public policy is brought to bear

on the

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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