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| | Contract Law, Part 2: Privity, Consent and the " Reasonable Man " |
 | | As far as contractual obligations are concerned, there is an identity of interest between employer and employee." The court then set two conditions allowing "employees (to) be entitled to benefit from a limitation of liability clause found in a contract between their employer and the plaintiff:... |
 | | When "a claim is made that a bargain is unconscionable, it must be shown for success that there was inequality in the position of the parties due to ignorance, need or distress of the weaker, which would leave him in the power of the stronger, coupled with proof of substantial unfairness in the bargain. |
 | | When this has been shown, a presumption of fraud is raised, and the stronger must show, in order to preserve his bargain, that it was fair and reasonable." The court then proceeded to rescind the contract because the "appellant was so dominated and overborne by the respondent that he was... |
| www.duhaime.org /contract/ca-con2.aspx (3571 words) |
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