Article 1362

A party may avoid the contract or an individual term of it if, at the time of the conclusion of the contract, the contract or term unjustifiably gave the other party an excessive advantage. Regard is to be had, among other factors, to:

the fact that the other party has taken unfair advantage of the first party’s dependence, reverential fear caused by family relationship or subordination, economic distress or urgent needs, or of its improvidence, ignorance, inexperience or lack of bargaining skill; and

the nature and purpose of the contract.

Upon the request of the party entitled to avoidance, a Court may adapt the contract or term in order to make it accord with reasonable commercial standards of fair dealing.

A Court may also adapt the contract or term upon the request of the party receiving notice of avoidance, provided that that party informs the other party of its request promptly after receiving such notice and before the other party has acted in reliance on it. The provisions of sub-Article (2) of Article 1385 apply accordingly.