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· 4/29/2009

Cordova v. World Finance Corp. of NM

Citations

  • 208 P.3d 901
  • 146 N.M. 256
  • 2009 NMSC 021

How courts have described this case

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

  • stating that a mandatory arbitration provision might be unenforceable if the contract that contains the arbitration provision is an adhesion contract whose terms are patently unfair to the weaker party
  • considering the denial of a motion to compel arbitration, whether the parties agreed to arbitrate, and the applicability and construction of an arbitration provision
  • finding arbitration clause unenforceable where agreement contained a separate paragraph affording lender exclusive and unlimited alternative to seek any judicial remedies it might otherwise have available to it in law or in equity in event of default by borrower
  • “The more substantively oppressive a contract term, the less procedural unconscionability may be required for a court to conclude the offending term is unenforceable.”
  • “The more substantively oppressive a contract term, the less procedural unconscionability may be required for a court to conclude the offending term is unenforceable.”
  • under New Mexico law, a contract may be invalidated due to substantive unconscionability even in the absence of procedural unconscionability

Source: CourtListener parenthetical corpus (CC0).

Judges: Daniels, Chávez, Serna, Maes, Bosson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.