Of course, being obsessed with justice, common law has left many loopholes that allow contracting parties to require a deeper inquiry into the facts and the law of the dispute by
claiming unconscionability, mistake, rescission, and other legal ways of rewriting the original contract to satisfy buyer's remorse or a similar regret about the way risks were originally allocated between contracting parties.
Not exact matches
The Plaintiffs»
claims of
unconscionability were primarily based on a report by the the Law Reform Commission of British Columbia, Recreational Injuries: Liability and Waivers in Commercial Leisure Activities (Report No. 140, 1994),
Based on Connecticut case law, such a provision is enforceable against a
claim of innocent misrepresentation, so long as there is no showing of mistake, fraud, or
unconscionability.