what happens if the party does not have expressed knowledge of the clause?
if they don’t know then the clause is non-existent.
If a party does not have expressed knowledge of a clause in a contract, it may affect the enforceability of that clause. In legal terms, this is known as the doctrine of “unconscionability.”
If a clause is found to be unconscionable, a court may refuse to enforce it. An unconscionable clause is one that is so one-sided or unfair that it would be against public policy to enforce it. Unconscionability can arise in a number of circumstances, including when a party is induced to sign a contract through fraud, duress, or misrepresentation, or when a clause is buried in fine print or written in legal jargon that makes it difficult for the other party to understand.
Therefore, express knowledge of a clause in a contract is important in determining its enforceability. It is essential for both parties to fully understand the terms of the contract and agree to them before signing it. This ensures that there are no misunderstandings that could lead to disputes in the future. If a party is uncertain about a clause in a contract, they should seek legal advice before signing it.
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