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unconscionability

Definitions

from Wiktionary, Creative Commons Attribution/Share-Alike License.

  • noun law, contract law A principle that one party to a contract might be entitled to a remedy if the other party has behaved in an unconscionable manner.

Etymologies

Sorry, no etymologies found.

Examples

  • Another element of unconscionability is the potential need for the stronger party to be aware of the other’s vulnerability.

    Unconscionable Organ Donations : Law is Cool

  • Procedural unconscionability is a type of equitable fraud, not involving a misrepresentation of facts, but rather through the conduct of one party in obtaining assent. [

    Unconscionable Organ Donations : Law is Cool

  • A federal district court ruled that the contract could be broken under a state " unconscionability " law that also applies to other contracts, and the Ninth Circuit affirmed, putting the California law outside the pre-emption umbrella of the Federal Arbitration Act.

    The $30 Bonanza

  • Lawyers have also cited "unconscionability" as a potential defense-to say that a contract is so outrageously unfair that courts should not enforce it.

    Slate Magazine

  • Hartford lawyer Daniel A. Schwartz used the term "unconscionability," a way to fight against contracts that are grossly unfair to one party.

    Hartford Courant blogs

  • Hartford lawyer Daniel A. Schwartz used the term "unconscionability," a way to fight against contracts that are grossly unfair to one party.

    Hartford Courant blogs

  • General contract defenses such as unconscionability may invalidate arbitration agreements.

    Groklaw

  • "unconscionability" as a potential defense-to say that a contract is so outrageously unfair that courts should not enforce it.

    Slate Magazine

  • Jefferson spoke of the unconscionability of taxing people to support religions that they do not believe in.

    The Conservative Assault on the Constitution

  • And venue, arbitration and class action waiver clauses are frequently the subject of claims of unconscionability including clauses that expressly prohibit class action arbitration

    The Volokh Conspiracy » After Stolt-Nielsen v. AnimalFeeds Int’l Corp.: Deciding When Class Arbitration Is Permissible

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