Topic: the burden of proving that a contract term is unconscionabl… · Go Syfert
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Topic #10673

8 canonical passages across 6 cases, quoted by 36 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Brown Ex Rel. Brown v. Genesis Healthcare.

#Case FlagCanonical passage Citers
1 Brown Ex Rel. Brown v. Genesis Healthcare Anchor
wva · 2011
green “the burden of proving that a contract term is unconscionable rests with the party attacking the contract.” 8
2 Diana Mey v. DIRECTV, LLC
ca4 · 2020
green “arbitration is a matter of contract.” 8
3 Brown ex rel. Brown v. Genesis Healthcare Corp.
wva · 2012
green “procedural unconscionability is concerned with inequities, improprieties, or unfairness in the bargaining process and formation of the contract.” 5
4 Hampden Coal, LLC and Oliver Hunt v. Michael R. Varney
wva · 2018
green “a mutual agreement to arbitrate is sufficient consideration to support an arbitration agreement,” 3
5 Chun Ping Turng v. Guaranteed Rate, Inc.
cand · 2019
green “allegedly inconsistent conduct in a separate case involving a different party can waive the right to arbitrate.” 3
6 Myers v. Carnahan
wva · 1907
green “a subsequent contract which does not by express terms abrogate an earlier contract nevertheless will operate as a discharge thereof, if it is inconsistent with such earlier contract.” 3
7 Brown ex rel. Brown v. Genesis Healthcare Corp.
wva · 2012
green “include, but are not limited to, the age, literacy, or lack of sophistication of a party; hidden or unduly complex contract terms; the adhesive nature of the contract; and the manner and setting in which the contract was formed, including whether each party had a reasonable oppo…” 3
8 Brown ex rel. Brown v. Genesis Healthcare Corp.
wva · 2012
green “is not in itself sufficient evidence that an arbitration agreement is grossly unfair and thus unenforceable on grounds of procedural unconscionability.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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