Read the following story then answer the question at the end. Provide details in your response, and answer the question in your own words, no sources allowed.
Ray Charles was eighty years old when his family determined that he needed full-time nursing care for his substantial health conditions.
As a result, his daughter, Ellen, worked with ABC Nursing, Inc., to develop an admission and treatment plan for Mr. Charles. At admission, Ellen signed a written document drafted by the nursing home, which included on page six an arbitration clause that required that any and all disputes involving the care of Mr. Charles would be arbitrated.
The clause also provided that residents must waive their right to a jury trial for all claims, that the loser of arbitration would be obliged to pay for the cost of arbitration, including the winner’s attorney’s fees, and a waiver of any right of appeal of the arbitration outcome.
Ellen did not consult an attorney before signing the document and did not attempt to negotiate any of the terms in the document with the nursing home.
Mr. Charles was subsequently admitted, and allegedly seriously injured by the nursing home staff, resulting in his untimely death.
His daughter, on behalf of his Estate, filed a lawsuit against the nursing home, alleging that the nursing home’s conduct resulted in significant injuries culminating in Mr. Charles dying in their care. The nursing home answered the complaint and filed a motion to compel arbitration.
Is the arbitration provision of the agreement unconscionable?
Provide a legal definition of the concept of unconscionability, and discuss the facts above in relation to the legal definition to support your answer.
Responses to this question should be 350 – 500 words in length, with proper spelling, grammar, and punctuation.
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