Avoiding the “Godfather” Option
Ask yourself some key questions:
Are you in a stronger bargaining position?
Is that simply a normal part of the commercial context (eg normal landlord-tenant dynamics)?
Above and beyond that, however, do you also have the other party at a disadvantage which is personal, legal, commercial, or informational?
Are you making an offer, giving an instruction, extracting a concession, or exercising a right in a way which they really can’t refuse?
Is what you are doing the best or only realistic commercial course open to you – ie can you justify your conduct on a commercial basis? (eg contrast the different commercial rationales for the landlord’s conduct involving the different tenants in the Berbatis case)
Is what you’re doing worse than simply being opportunistic (ie does it pass the unconscionability “smell” test)?
Monitor “you can take it or leave it” and “we’ve got you over a barrel” situations carefully