Utah Procedural unconscionably is a legal concept which refers to a contract or agreement which is deemed to be unfairly one-sided and oppressive due to the manner in which it was negotiated. This concept arises when one party has taken an unfair advantage of the other party’s lack of knowledge or bargaining power, or when there is a disparity in the parties’ bargaining power which results in an unfair agreement. In Utah, the courts have adopted a two-part test to determine whether a contract is procedurally unconscionable. The first part of the test requires a finding that there was a lack of meaningful choice on the part of one of the parties, and the second part requires a finding that the unfairness of the contract is so extreme that it is unconscionable. There are two types of Utah Procedural unconscionably: “proceduralunconscionablylity, which relates to the process of entering into a contract, and “substantiveunconscionablylity, which relates to the terms of the contract itself.
Utah Procedural unconscionably is a legal concept which refers to a contract or agreement which is deemed to be unfairly one-sided and oppressive due to the manner in which it was negotiated. This concept arises when one party has taken an unfair advantage of the other party’s lack of knowledge or bargaining power, or when there is a disparity in the parties’ bargaining power which results in an unfair agreement. In Utah, the courts have adopted a two-part test to determine whether a contract is procedurally unconscionable. The first part of the test requires a finding that there was a lack of meaningful choice on the part of one of the parties, and the second part requires a finding that the unfairness of the contract is so extreme that it is unconscionable. There are two types of Utah Procedural unconscionably: “proceduralunconscionablylity, which relates to the process of entering into a contract, and “substantiveunconscionablylity, which relates to the terms of the contract itself.
