What is the test for enforceability of a contract where the contract is unenforceable?
California, United States of America
The following excerpt is from Performance Team Freight Sys., Inc. v. Aleman, 194 Cal.Rptr.3d 530, 241 Cal.App.4th 1233 (Cal. App. 2015):
Finally, the commissioner contends that, even if arbitration would otherwise be compelled, the subject agreements are unenforceable because they are unconscionable. The party asserting the defense of unconscionability bears the burden of proof on the issue. (Sanchez v. Valencia Holding Co., LLC(2015) 61 Cal.4th 899, 910, 190 Cal.Rptr.3d 812, 353 P.3d 741(Sanchez).)
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