Unformatted text preview: congregation. YOU will be in one of these categories! To avoid the presumption you must slow the process down -send the parties home with a copy of the contract and suggest that they seek independent advice before they sign. Duress is a physical domination by one party over another to the extent that he/she is robbed of his/her free will when entering a contract. This would include the threat of physical violence or imprisonment against the weaker party or a close family member of the weaker party. Unconscionability starts out with undue influence but here the stronger party abuses that position of power and preys on the weaker party to sign a contract. The second aspect of unconscionability is that the contract signed is grossly unfair to the weaker party. (With undue influence the contract entered into is likely "fair" it's just that the weaker party was robbed of his/her free will in signing it)...
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- Spring '10
- Contract Law, Sign, Undue influence, Buckwold