Inequality of Bargaining Power

/ˌɪnɪˈkwɒlɪti ʌv ˈbɑːrɡənɪŋ ˈpaʊər/

Definitions

  1. (n.) A legal doctrine recognizing that when one party has significantly more power in contract negotiations, the weaker party may be entitled to protection against unfair terms.
    The court found that the inequality of bargaining power justified voiding the oppressive contract clause.

Commentary

Primarily used in contract law and consumer protection contexts to assess fairness in agreements; important to distinguish from mere unequal bargaining positions by degree of power imbalance affecting consent.

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

Draft confidently with Amicus

Create, negotiate, and sign agreements in one secure workspace—invite collaborators, track revisions, and keep audit-ready records automatically.

Open the Amicus app
Amicus Docs | Inequality of Bargaining Power Definition