Zuniga V. MLB: Fan Hit by Foul Ball Cries ‘Foul!’ on Cubs’ Arbitration Clause

By Gary J. Chester, Senior Writer Q. When is a contract not a contract?A. When it violates public policy. First-year law students learn that courts will void an otherwise enforceable contract if the terms of the contract violate public policy. A basic example of a substantively unconscionable contract is a fitness center agreement in which the patron waives the right to sue the gym for personal injuries, regardless of whether the facility’s conduct was negligent or intentional. Cases