What is the impact of an agreement on vulnerability in bargaining power between the parties?
Alberta, Canada
The following excerpt is from Indutech Canada Limited v. Gibbs Pipe Distributors Ltd., 2011 ABQB 38 (CanLII):
Vulnerability is not taken to mean pre-existing inequality in bargaining power; rather, what is relevant is the relative position of the parties that results from the agreement: Hodgkinson v. Simms at 405.
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