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Unconscionable

Unconscionable

Definition

A contract or contractual provision that is so unfair or oppressive to one party that no reasonable or informed person would agree to it. An unconscionable contract or provision leaves one party with no real, meaningful choice and is unreasonably advantageous to the other party, usually due to the other party's superior bargaining power. "Unconscionability" is a defense against the enforcement of a contract or a contract provision. Courts look at a number of factors when determining whether a contract is unconscionable, including the disparate bargaining power of the parties, whether one party was more sophisticated than the other, and whether the agreement was a contract of adhesion. Courts also scrutinize the contract provisions to determine whether they are oppressive, unfair, or overly harsh. A court may refuse to enforce an unconscionable contract, or it may void the unconscionable clause and enforce the remainder of the contract, or it may enforce the contract but limit an unconscionable clause's application to avoid an unconscionable result.

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