Procedural Unconscionability
/ˌproʊˈsiːdʒərəl ʌnkənˈskoʊnsiəbɪləti/
Definitions
- (n.) A doctrine assessing whether the process of forming a contract was unfair or oppressive, often due to unequal bargaining power or lack of meaningful choice.
The court found procedural unconscionability because the contract was presented on a take-it-or-leave-it basis with no negotiation.
Related terms
See also
Commentary
Procedural unconscionability focuses on the fairness of the process of contract formation, distinct from substantive unconscionability which focuses on contract terms.
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