Topic: given the parties' general commercial background and the co… · Go Syfert
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Topic #21807

2 canonical passages across 2 cases, quoted by 19 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 In Re Firstmerit Bank, N.A..

#Case FlagCanonical passage Citers
1 In Re Firstmerit Bank, N.A. Anchor
tex · 2001
green “given the parties' general commercial background and the commercial needs of the particular trade or case, the clause involved is so one-sided that it is unconscionable under the circumstances existing when the parties made the contract.” 16
2 Hazelwood v. Mandrell Industries Co., Ltd.
texapp · 1980
green “tipped so that the employee's benefits under the statute are substantially reduced, and the clear intent of the legislature is thwarted.” 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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