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Unconscionable

Legal Challenges to a Contract's 'Fine Print'

Brad Reid | Posted 03.08.2015 | Business
Brad Reid

Contractual "fine print," frequently called boilerplate, involves so-called standardized provisions that may surprise a party to the contract or are considered to unfairly favor a party. Based upon the specific facts, one or more of the following legal challenges to fine print may be successful.

Unconscionable Employment Arbitration Agreement Held Unenforceable

Brad Reid | Posted 01.23.2014 | Business
Brad Reid

Provisions in employment applications that require mandatory and binding arbitration of all disputes are commonplace and are generally enforced as written by courts. Additionally, the Federal Arbitration Act frequently preempts (overrides) contradictory state arbitration statutes.

Literal Truth and Claims of Fraud

Brad Reid | Posted 08.01.2013 | Business
Brad Reid

There is strong judicial support for freedom of contract and judicial reluctance to rewrite transactions, especially when no literal falsehood occurred. Assertions of implied falsehood are weaker than proof of an affirmatively stated falsehood.