Further Mathematics 2nd Edition by R.I. Porter

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By R.I. Porter

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Scissor-Tail, Inc. 1981). Unconscionability is said by the courts to have two dimensions: substantive and procedural. To be unenforceable, a contract must be unconscionable on both dimensions. Substantive unconsionability ‘‘refers to contract terms that unreasonably favor one party over another,’’ while procedural unconsionability ‘‘refers to the process of contract formation, and encompasses the inequality of bargaining power and ability, and the use of fine print and convoluted language’’ (Cooper, Nolan, and Bales 2000, p.

1998), in which it had held that a mandatory employment arbitration covering statutory rights was unenforceable, thus bringing the court into line with the others on this point. However, on the Circuit City case itself, which was remanded to the Ninth Circuit, the court held that the agreement in that case was unenforceable because it was ‘‘unconscionable’’ under California law. It based this decision on the fact that the agreement was offered on a take-it-or-leave-it basis, did not require the company to arbitrate its claims against the employee, provided for only limited relief to the employee, and required the employee to pay half of the costs of arbitration (Circuit City Stores, Inc.

Employment Arbitration 23 Subsequent to Circuit City, the Ninth Circuit overruled its decision in Duffield v. Robertson Stephens Co. (1998), in which it had held that a mandatory employment arbitration covering statutory rights was unenforceable, thus bringing the court into line with the others on this point. However, on the Circuit City case itself, which was remanded to the Ninth Circuit, the court held that the agreement in that case was unenforceable because it was ‘‘unconscionable’’ under California law.

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