Armendariz v. Foundation Health Psychcare Services, Inc.
Supreme Court of California, 2000
6 P.3d 669
| Audio Opinion | Coming Soon | |
| Audio Case Brief | Coming Soon |
Brief Fact Summary
Plaintiff enters into an employment contract with Defendant. The contract is offered as is, with no room to negotiate. The contract contains an arbitration clause that limits Plaintiff's remedies to arbitration with a limited pay-off. The Defendant's remedies are not limited to arbitration.
Rule of Law and Holding
The contract is not enforceable. This court relies on both the procedural and substantive elements to find unconscionability. This court considers the two on a sliding scale, the more you have of one the less you need of the other. Also need to view the clause in the context of the whole, not just in isolation.
Topics
Policing the Bargain
Subtopics
Adhesion Contracts
This case is in these books
-
Contracts: Cases and Materials
-
Farnsworth, Young, Sanger
-
6th Edition
Coming Soon
Click here if you would like to receive an email when this case becomes available.
- Contracts: Cases and Materials
- Farnsworth, Young, Sanger
- 6th Edition
Coming Soon
Click here if you would like to receive an email when this case becomes available.