Ahern v. Knecht

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• courts of equity will provide relief against “hard and unconscionable contracts which have been procured by taking advantage of the condition, circumstances or necessity of the other parties”
• “A plaintiff desiring to rescind a contract must ... offer to return the value of the consideration received or otherwise return the other party to the status quo ante. ”
• courts of equity will provide relief against “hard and unconscionable contracts which have been procured by taking advantage of the condition, circumstances or necessity of the other parties”
• “Courts will also look to such factors as the age and education of the contracting parties, their commercial experience [citation], and whether the aggrieved party had a meaningful choice when faced with unreasonably unfavorable terms [citations].”
• \[g]ross excessiveness of price alone can make an agreement unconscionable\
• “[S]ubstantial nonperformance . . . warrants rescission.”

Source: CourtListener parenthetical corpus (CC0).