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This lack of mutuality supports a finding of substantive unconscionability.
'The countervailing consideration urged here is lack of mutuality of estoppel.
Here, the TOS contain many of the same elements that made the PayPal user agreement substantively unconscionable for lack of mutuality.
Taken together, the lack of mutuality, the costs of arbitration, the forum selection clause, and the confidentiality provision that Linden unilaterally imposes through the TOS demonstrate that the arbitration clause is not designed to provide Second Life participants an effective means of resolving disputes with Linden.
The court reasoned that this lack of "mutuality of parties" was a missing "critical element" that precluded a civil case being bound to a criminal trial judge's decision to grant immunity.
And finally there is an awareness of the lack of mutuality in the relationship – things not being understood, or if understood then not said: this is an important deficit given the centrality of trust to long-term care [ 40].
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We are caught in an inescapable network of mutuality".
Trust inevitably requires some sense of mutuality, of reciprocal loyalty.
Hence there was lacking that mutuality of obligation which is essential to the validity of a contract.
Addiction specialists sometimes raise concerns that groups without therapists or other formal leaders lack professionalism, but research has shown that this structure increases members' security, comfort, and sense of mutuality in the relationships they form.
Many neighborhoods are characterized by low levels of social cohesion and belonging; their decline and inability to achieve renewal are the products and causes of the lack of qualities such as self-help ability, mutuality, and trust [ 26].
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com