Origin Developed through common law and equity, and codified in the United States in Uniform Commercial Code section 2-302.
Unconscionability is a doctrine of contract law under which a court may refuse to enforce a contract or a specific term because it is so extremely unjust, or so overwhelmingly one-sided in favor of the party with superior bargaining power, that enforcing it would offend good conscience. Courts generally assess both procedural unconscionability, unfairness in how the contract was negotiated, such as unequal bargaining power or hidden terms, and substantive unconscionability, unfairness in the actual terms themselves, asking whether the disadvantaged party had a genuine opportunity to understand and evaluate the bargain before agreeing to it.
Facts
Origin PeriodDeveloped through common law and equity, and codified in the United States in Uniform Commercial Code section 2-302. 1 Core PrincipleA court will not enforce contract terms that are so extremely unjust or overwhelmingly one-sided in favor of the party with superior bargaining power that they are contrary to good conscience. 1 Cross-Tradition Connections
Sources
Reader Challenges (0 open reader challenges)
No disputes yet. Spotted an error or a better source? Open the first one.
Sign in to dispute this or suggest a correction.
View At A Past Year
The atlas records no dated fact of its own for this entry, so there is no other year to choose.