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Aug 5, 2020 · While Courts rarely interfere in bad contracts they may do so when the contract is void as against public policy or is unconscionable. The jurisdiction to do so comes from equity when the common law strays into rigidity that leads to injustice. The Supreme Court has had the occasion to consider when a contract of adhesion is unconscionable. [1]
Jul 3, 2020 · Further, The SCC found that the arbitration agreement would deny Mr. Heller access to a remedy, and there would be no way he could have his arguments heard without paying most of his yearly income to start the process. To assist in determining whether the arbitration agreement was invalid, the SCC created a two-part unconscionability test.
Jul 14, 2020 · Uber Technologies Inc v Heller, 2020 SCC 16 ("Uber") is a landmark case in Canadian contract law, creating significant uncertainty in the enforceability of contracts, particularly for businesses that employ standard-form agreements or that contract with large numbers of individuals. In deciding that an arbitration clause in a standard form agreement was unenforceable, the majority of the Court ...
In general, a contractual provision which requires one party in the event of his breach of the contract to pay or forfeit a sum of money to the other party is unlawful as being a penalty, unless such provision can be justified as being a payment of liquidated damages, being a genuine pre-estimate of the loss which the innocent party will incur ...
The idea that a contract that you are a party to is ‘unconscionable’ was pretty far-fetched, until the supreme court of Canada recently decided Uber Technologies v. Heller. An Uber Eats driver in Toronto decided to sue Uber calling himself an ’employee’ of Uber. He wanted his vacation pay and his two weeks notice pay.
tional contract law principles, including rules regarding contract formation, le-gal formalities, and enforcement. Consider the following: Are contracts formed through email, Web-site communications, or electronic data interchange valid and enforceable? Is an electronic signature valid? Does clicking on an "I Agree" icon result in a valid contract?
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Is a contract 'unconscionable'?
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Jul 31, 2020 · In the common law provinces, limitation and exclusion clauses are enforceable according to their terms unless they are unconscionable or run contrary to public policy; these exceptions are narrow.
