Identifying Unconscionable Contracts in AILET: Tricky but Approachable

Last year's AILET question on Contract Law asked: 'What if a contract between B and C is unfair and against public policy, but was formed as a result of negotiations between an experienced dealer and an inexperienced customer? Discuss.'

Here's the thing - in contract law, especially when it comes to unconscionability, we often get stuck in our heads thinking about the legal jargon and technicalities. But, papa ne told me a story once, a contract case that went to the Supreme Court, where an elderly man sold his property to a 'developer' for a fraction of its worth. The court deemed the contract unconscionable, because it was oppressive and against the principles of fairness.

The correct approach is to ask: 'Was there any undue influence or coercion involved in the contract formation?' or 'Does the contract violate fundamental principles of justice or human rights?