Sentences with phrase «unequal bargaining»
The Arbitration Act itself would not try to deal with issues of unequal bargaining power, contracts of adhesion and the like.
http://www.slaw.ca/
● there is an unequal bargaining position between you and your ex-partner (ie.
The majority ruled that the clause should not be enforced considering the unequal bargaining power between consumers and Facebook combined with the importance of privacy rights.
Under the Supreme Court's decision in Armendariz, it appears that Uber's arbitration clause may be unenforceable because of its procedural and substantive unconscionability in terms of unequal bargaining power and one - sidedness.
If the exclusion clause applies, the second issue is whether the exclusion clause was unconscionable at the time the contract was made, «as might arise from situations of unequal bargaining power between the parties» (Hunter, at p. 462).
«Apart from considerations of illegality, agreements to pay Form Fillers in circumstances of unequal bargaining power and where an improvident deal was made, such as the two examples in the record before this court, are unconscionable and therefore voidable at the instance of the instance of the claimants who entered them.»
The court ordered the settlement set aside and said the settlement was outrageous because of the unequal bargaining position between ICBC and the claimant.
Not exact matches
Worse still is if one party has obtained legal advice and the other has not there is a danger of an unequal balance of knowledge and bargaining power.
I'll close with this quote from USSC Chief Justice Hughes in the 1937 decision in West Coast Hotel Co. v. Parrish, he states: «The exploitation of a class of workers who are in an unequal position with respect to bargaining power and are thus relatively defenseless against the denial of a living wage is not only detrimental to their health and well being, but casts a direct burden for their support upon the community.»
The Court also commented on the unequal nature of the bargaining relationship between the IAP claimants and the form - filling companies, noting that the behaviour of the form - fillers in obtaining consent to the contingency agreements was «unconscionable.»