An agreement, bargain or contract in which the terms are one-sided and grossly unfair to one party (usually a buyer), often because that party is acting from ignorance or compulsion. A contract will be terminated if the buyer can prove unconscionability. See adhesion contract.

Business law dictionary. 2015.

Игры ⚽ Поможем решить контрольную работу

Look at other dictionaries:

  • Unconscionability — (also known as Unconscientious dealings) is a term used in contract law to describe a defense against the enforcement of a contract based on the presence of terms unfair to one party. Typically, such a contract is held to be unenforceable because …   Wikipedia

  • unconscionability — un·con·scio·na·bil·i·ty /ˌən ˌkän chə nə bi lə tē/ n 1: the state or condition of being unconscionable the issue of unconscionability is to be decided by the court J. D. Calamari and J. M. Perillo see also procedural unconscionability …   Law dictionary

  • unconscionability — A doctrine under which courts may deny enforcement of unfair or oppressive contracts because of procedural abuses arising out of the contract formation, or because of substantive abuses relating to terms of the contract, such as terms which… …   Black's law dictionary

  • unconscionability — noun see unconscionable …   New Collegiate Dictionary

  • unconscionability — noun A principle that one party to a contract might be entitled to a remedy if the other party has behaved in an unconscionable manner …   Wiktionary

  • unconscionability — n. condition of being unconscionable; state of lacking morality; exaggeration …   English contemporary dictionary

  • procedural unconscionability — n: unconscionability that derives from the process of making a contract rather than from inherent unfairness or unreasonableness in the terms of the contract compare substantive unconscionability ◇ Procedural unconscionability is based on factors …   Law dictionary

  • substantive unconscionability — n: unconscionability of a contract that arises from the terms of the contract and esp. from terms that are found to be one sided, unjust, or overly harsh compare procedural unconscionability Merriam Webster’s Dictionary of Law. Merriam Webster.… …   Law dictionary

  • unconscionable — unconscionability, n. unconscionably, adv. /un kon sheuh neuh beuhl/, adj. 1. not guided by conscience; unscrupulous. 2. not in accordance with what is just or reasonable: unconscionable behavior. 3. excessive; extortionate: an unconscionable… …   Universalium

  • Trade Practices Act 1974 — The Trade Practices Act 1974 is an act of the Parliament of Australia. The act provides for protection of consumers and prevents some restrictive trade practices of companies. It is the key antitrust law in Australia. It is administered by the… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”