According to Braut v. Stec, what is the Courts' position when one enters into a contract where a claim is made that a bargain is unconscionable?
A) There is an automatic presumption of undue influence due to the relationship of the parties.
B) A presumption of fraud is raised when there is an inequality in the position of the parties due to the ignorance of the weaker party.
C) Because a party to the contract is an uneducated immigrant, the contract is voidable.
D) A close relationship between business associates prevents a finding of unconscionability.
E) When one party lacks the intellect to enter into a contract, the contract continues to be binding on both parties..

Question

Quizplus · Accepted Answer

The Courts' position, according to Braut v. Stec, is that a presumption of fraud is raised when there is an inequality in the position of the parties due to the ignorance of the weaker party. This means that if the weaker party is not fully aware of the terms and conditions of the contract, and if the other party takes advantage of this ignorance to get an unfair advantage, then the contract may be deemed unconscionable and unenforceable.

According to Braut V