Here is the synopsis of our sample research paper on Canada's Unconscionability Doctrine and its Application in Collective Disadvantage. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
This 3 page paper explores how this doctrine should be applied. A specific analysis is made of Harry v. Kreutziger, a landmark case weighing collective disadvantage and First Nations issues. Bibliography lists 1 source.
Page Count:
3 pages (~225 words per page)
File: AM2_PP670913.doc
Buy This Term Paper »
Unformatted sample text from the term paper:
that there be both an inequality of bargaining power and substantial unfairness for a standard form contract to be deemed in fault. The intent of this doctrine is to
provide protection for those that cannot protect themselves, protection to keep them from "being taken advantage of by those in a position to do so by reason of their commanding
and superior bargaining position" (Manderscheid, 2008, 14). Whether this doctrine only addresses individual vulnerabilities or in actuality has the latitude necessary to consider collective disadvantage is a highly controversial
topic. Indeed, some contend that the unconscionability doctrine shouldnt consider collective advantage at all in deciding on whether to grant relief for unconscionability issues. The intent of this
paper is to argue that the unconscionability doctrine should, in fact, apply to collective advantage and, in particular, should be used when deciding cases involving First Nations peoples, the elderly,
and children. If anyone in our society is frequently a victim of unconscionable acts it is Canadas indigenous peoples, her elderly, and
her children. Each of these groups has obvious vulnerabilities when it comes to collective advantage. Each is typified by an inequality in bargaining power. There are many
facts to keep in mind when considering either of these groups. First Nations peoples, however, are immersed in a long history of Canadian policies and laws that have affected
their welfare in a diversity of ways. Despite the fact that Canadian Indian policy has been myopic and oppressive and the relationship between the Canadian government and the indigenous
peoples that eventually fell within its jurisdiction has been a rocky one, these people do have certain rights afforded to them that are not afforded to the general public.
...