Substantive Unconscionability

/ˈsʌbstəntɪv ʌnkənˈskoʊnsiəˌbɪləti/

Definitions

  1. (n.) A legal doctrine evaluating whether contract terms are unreasonably harsh or unfair to one party, often resulting in voiding or modifying the contract.
    The court found substantive unconscionability in the contract's excessively one-sided payment terms.

Commentary

Substantive unconscionability focuses on the fairness of contract terms themselves and is often considered alongside procedural unconscionability to assess overall unconscionability.

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.

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