unconscionability
- 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
Consumer 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
A situation when someone treats people in a way that is not equal or right
Behavior that is wrong or unfair towards other people
Something that is not right according to law or morals
An action or decision that is unfair and does not make sense
A behavior that people find morally wrong or offensive
A very unfair way of acting that shows no care for what is right
A situation where people are treated unfairly
A habit of ignoring right and wrong and being dishonest to get what you want
A state that is impossible to accept or bear
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.