43 No taking of undue advantage

This aspect overlaps with the last one. The most explicit recognition of this aspect of justice in contract law is the rule which allows a party, in carefully specified circumstances, to avoid a contract on the ground of unfair exploitation if the party was dependent on or had a relationship of trust with the other party, was in economic distress or had urgent needs, or was improvident, ignorant, inexperienced or lacking in bargaining skill. It is necessary that the other party knew or could reasonably be expected to have known of the vulnerability and exploited the first party's situation by taking an excessive benefit or grossly unfair advantage.1. Again, it is clear that the rule also has the function of ensuring that the victim of the exploitation can escape from a contract concluded in the absence of genuine freedom to contract.