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Employment Contract and Unconscionability

Al Safin considers a number of important contract principles in an employment contract context. While reading the case, consider the following questions:
1. What is “at will” employment? Was that the nature of employment in this case?
2. What is the doctrine of unconscionability and what differences exist between procedural and substantive unconscionability?
3. Which parts of the employment contract were unconscionable? Make sure you can state why they were unconscionable.
4. Why wouldn’t the court sever the unconscionable portions of the contract? Would you have found likewise? Why and why not?
5. Why does the court not address the procedural aspects of the contract?
Contracts 61
6. Think back to the discussion of adhesion contracts.

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