Identifying Unconscionable Contracts in AILET: Tricky but Approachable
contract ailet advanced pyq_discussionLast 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?
Bhai, yeh article bahut hi achha hai lekin kuch clarifications zaroori hain. Toh, unconscionable contracts AILET mein identify karne se pehle, yeh dhoondhna hoga ki contract mein koi fraud, coercion ya exploitation hai ya nahi. Aur jab bhi yeh conditions pehuchne pe, toh yeh bhi sunishchit karna hoga ki student ne contract sign kiya tha ya nahi, aur agar sign kiya tha, toh kyun.