Lastly, Schmitt asks this Court to reverse Judge French’s determination that the joint
purchase of the mattress was unconscionable and void. Schmitt alleges that Judge French made
incorrect conclusions based solely on the date of the contract and a single provision that was
more favorable to him than to Ms. Force. As a matter of law, the proper inquiry in determining
if an agreement is unconscionable is whether there is evidence of some overreaching on the part
of one of the parties such as that which results from an inequality in bargaining power or under
other circumstances in which there is an absence of meaningful choice on the part of one of the
parties, together with contract terms which are unreasonably favorable to that party. Maglin v.
Tschannerl, 174 Vt. 39, 45-46 (2002). Here, Judge French determined that, due to the suspect
nature of the circumstances surrounding the arrangement, there was serious doubt raised as to
whether Force had a meaningful choice when signing this agreement, i.e., the fact that the
contract was signed after the mattress was already purchased and after the parties had already
moved in together. Furthermore, the contract terms are clearly unreasonably favorable to the
party enjoying the superior bargaining position, in that Schmitt is awarded sole possession of the