freedom of contract

Unconscionable and Unenforceable Contracts in Utah

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Almost every contract in Utah is enforceable, but a contract or agreement that is unconscionable is unenforceable. The contract defense of unconscionability prevents oppression and unfair surprise. This article discusses the difficult task of overcoming the general presumption that contracts are enforceable, the elements needed to prove unconscionability, and other issues relevant …

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How to Deal with Ambiguous Contracts in Utah

Joseph G. Ballstaedt801.365.1021joe@snjlegal.com What happens when two parties to a contract disagree about what the contract language means? How are ambiguities in a contract resolved? Utah courts and judges should interpret and enforce each contract in a way that is in line with the intent of the parties who signed the contract. Usually, the parties’ …

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