unconscionability
1
9.9
- noun
- /ˌʌnˌkɒnʃəˈnæbɪlɪti/
- Formal
- The contract was deemed void due to its unconscionability, as the terms heavily favored one party over the other.
- unconscionability principle
- unconscionability doctrine
- unconscionability debate
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Watch on YouTubeConsumer Council, delves further into how courts apply the unconscionability doctrine today.
- Consumer Council, delves further into how courts apply the unconscionability doctrine today.
- Our next case continues our discussion of unconscionability, looking closely at one common type of contractual provision, arbitration clauses.
Examples
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Our next case continues our discussion of unconscionability, looking closely at one common type of contractual provision, arbitration clauses.
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The court clearly endorsed the use of unconscionability in commercial disputes involving unsophisticated victims.
Academic text (2018) -
Part I is dedicated to the relationship between the unconscionability principle and the concept of conscience.
Academic text (2016) -
Under California law, an evaluation of potential unconscionability is highly dependent on context.
Academic text (2018) -
The current debate regarding the role of the unconscionability principle is thus severely lacking and limited.
Academic text (2016) -
However, Holmes's theory did not seem to stop courts from using and developing the unconscionability principle.
Academic text (2016) -
Can and should judges attempt to use unconscionability to draw a line between acceptable and unacceptable market behaviors?
Academic text (2016) -
For franchise practitioners, knowing the intricacies of the unconscionability doctrine is useful.
Academic text (2018) -
There is no doubt that courts are authorized to invalidate predatory contracts based on their unconscionability.
Academic text (2016) -
Modern courts' reluctance to invalidate contracts for unconscionability impedes effective mechanisms that enable self-restraint.
Academic text (2016)
Synonyms
20
2.1
A situation when someone treats people in a way that is not equal or right
4
9.1
Behavior that is wrong or unfair towards other people
1
7.4
Something that is not right according to law or morals
1
6.0
An action or decision that is unfair and does not make sense
1
9.3
A behavior that people find morally wrong or offensive
1
6.0
A situation where people are treated unfairly
1
8.8
A habit of ignoring right and wrong and being dishonest to get what you want
1
8.2
A state that is impossible to accept or bear
A very unfair way of acting that shows no care for what is right
Antonyms
How Unfair
Surface Forms
Morphology
unconscionability = unconscionable (semi-transparent) = un + conscion + able + ity
The noun is a straightforward nominalization of the adjective unconscionable, but the adjective itself is somewhat lexically specialized and not fully predictable from the bound stem.
Etymology
Unconscionability comes from un- meaning 'not' and conscience meaning 'a sense of right and wrong'. So unconscionability is the quality of being 'without conscience' — very unfair or morally wrong, which is why judges use it for shocking contracts or actions.