MS · jury_instructions

Proposed Mississippi Plain Language Model Jury Instructions - Civil 714

Contracts - Unenforceable If It Is Unfairly Oppressive (Substantive Unconscionability)

activein force · 2012-02-17 – presentas-observed

A contract cannot be enforced if it is unfairly oppressive. To determine if a contract is

unfairly oppressive, you must decide if a reasonable person would have agreed to that contract

and if an honest and fair person would have accepted that contract. The fact that one party may

have better conditions or terms than the other party does not make a contract unfairly oppressive.

Also, the fact that one party’s decision to enter the contract was not a wise decision is not enough

to make the contract unfairly oppressive. Rather, a contract is unfairly oppressive if only one

party receives all the benefits specified in the contract, or only one party has a legal right under

the contract.

History

Proposed Mississippi Plain Language Model Jury Instructions - Civil 714 (current as of February 17, 2012). Submitted in 2012 by the Mississippi Model Jury Instructions Commission (created by the Supreme Court of Mississippi by order of December 30, 2008) and published by the Court on courts.ms.gov. The Court states that these model jury instructions have not been adopted or approved by the Supreme Court of Mississippi.

Provenance

Source: courts.ms.gov
Retrieved: 2026-09-25
Edition: 2026-09-25
Content hash: 7295c94f07d611e16b186fee97dbd507634f4d807e868491bec969d90e3b53ce

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