What is an Unconscionable Contract?
Written arbitration agreements are generally valid, enforceable and irrevocable. In rare cases, a court may set aside an arbitration clause under contract law principles. Courts have held that a party may rescind a contract for fraud, incapacity, duress, undue influence, material breach in performance of a promise, or mistake, among other grounds. If a court finds a contract to be unconscionable, it may void the contract or order corrections made to reflect the intent of the parties. The court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
An 'unconscionable contract' has been defined to be such as no sensible man not under delusion, duress or in distress would make, and such as no honest and fair man would accept. An adhesion contract is a contract balanced in favor of one party over the other that one can assume it was not entered into on equal bargaining grounds. Adhesion contracts are usually formed when one person is in a superior bargaining position and pressures the other party into a contract with unfair or oppressive terms.
I suggest you contact a local attorney who can review all the facts and documents involved. Unfortunately, we are unable to represent individuals in drafting pleadings for a particular case.