ApartmentsRUs,a property management firm,presents a standard-form lease for an apartment to Barnaby,a potential tenant.ApartmentsRUs does not pressure Barnaby to sign the lease,but offers it on a take-it-or-leave-it basis.Barnaby signs the lease,but later wants to withdraw from the contract.He is most likely to avoid enforcement of the lease on the ground of

Question

Quizplus · Accepted Answer

The fact that the lease was presented on a take-it-or-leave-it basis without any negotiation or opportunity to modify its terms may be considered unconscionable. Additionally, if the terms of the lease unfairly favor ApartmentsRUs and are oppressive to Barnaby, that would support an unconscionability claim. Economic duress requires a showing of actual coercion or threats, undue influence requires a showing of a special relationship between the parties, and mistake requires a showing that the parties were mistaken about a material fact at the time of contract formation. None of those factors appear to be present in this scenario.

ApartmentsRUs,a Property Management Firm,presents a Standard-Form Lease for an Apartment