MUJI 2d CV2128

[Name of party] claims that the contract is unenforceable because it is procedurally unconscionable.

Procedural unconscionability focuses on the negotiation of the contract and the circumstances of the parties. In order to succeed on this claim, [name of party] must prove by clear and convincing evidence that at the time the contract was entered into, [name of other party] had an unfairly superior bargaining position and that he overreached in his negotiation with [name of party]. You may consider the following circumstances, keeping in mind that the purpose of procedural unconscionability is to prevent oppression and unfair surprise:

(1) whether each party had a reasonable opportunity to understand the terms and conditions of the agreement;

(2) whether there was a lack of opportunity for meaningful negotiation;

(3) whether the agreement was printed on a duplicate or boilerplate form drafted solely by the party in the strongest bargaining position;

(4) whether the terms of the agreement were explained to the weaker party;

(5) whether the [aggrieved party] had a meaningful choice or instead felt compelled to accept the terms of the agreement;

(6) whether the stronger party employed deceptive practices to hide key contractual provisions.

(7) [describe other circumstances raised by the evidence that show procedural unconscionability.]