End-of-chapter questions: Answer Guidance 19.2

Unconscionable bargains and inequality of bargaining power

This requires discussion of unconscionable bargains in a modern context. Is Adam a commercial actor who can look after himself who has just made a bad bargain, or an individual who might deserve more protection under the law? Sainsco might have acted ‘badly’—taking advantage of Adam’s state and obtaining a vastly inflated price for the land—but is this enough to render the bargain voidable for unconscionability? The idea that consideration must be adequate but not sufficient (see Chapter 7) might also be raised in your answer.