Unconscionability

/ˌʌnkənˌskɪˈnjoʊzəˈbɪləti/

Definitions

  1. (n.) The quality of a contract or term being so unjust or overwhelmingly one-sided that it is contrary to good conscience.
    The court refused to enforce the agreement due to unconscionability.
  2. (n.) A legal doctrine allowing a court to void contracts that are excessively unfair to one party.
    Unconscionability serves as a defense against oppressive contractual terms.

Commentary

Often invoked to prevent enforcement of unfair bargains; courts look at both procedural and substantive factors.

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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