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unconscionability

unconscionability

1 9.9
Extreme unfairness in a contract or action that is morally wrong
  • noun
  • /ˌʌnˌkɒnʃəˈnæbɪlɪti/
  • Formal
translation icon : inconscionabilidad
  • 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.

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Examples

  • Our next case continues our discussion of unconscionability, looking closely at one common type of contractual provision, arbitration clauses.

  • 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

unfairness
vsunconscionability
21 2.1

A situation when someone treats people in a way that is not equal or right

focuses more on extreme moral wrongness and unfairness, often in agreements
unrighteousness
vsunconscionability
  • Formal
4 9.1

Behavior that is wrong or unfair towards other people

applies more to severe unfairness in actions and agreements than general wickedness
wrongfulness
vsunconscionability
  • Formal
1 7.4

Something that is not right according to law or morals

highlights extreme unfairness and moral unacceptability rather than mere illegality
unreasonableness
vsunconscionability
1 6.0

An action or decision that is unfair and does not make sense

emphasizes severity and moral wrongness beyond simple lack of reason
unsavoriness
vsunconscionability
  • US
1 9.3

A behavior that people find morally wrong or offensive

refers to stronger legal and moral wrongness, not just unpleasantness
unconscionableness
vsunconscionability
9.9

A very unfair way of acting that shows no care for what is right

is the same meaning but appears as an alternate noun form
unjustness
vsunconscionability
6.0

A situation where people are treated unfairly

stresses extreme immorality and unfairness beyond ordinary unjust acts
unscrupulousness
vsunconscionability
8.8

A habit of ignoring right and wrong and being dishonest to get what you want

labels the act itself as extremely unfair and morally unacceptable
intolerability
vsunconscionability
8.2

A state that is impossible to accept or bear

specifically calls actions morally and legally unacceptable rather than merely unbearable

Antonyms

236 1.9

Treating people equally and without bias

A quality of being fair, sensible, and showing good judgment

How Unfair

unconscionability
  • Formal
1 9.9
unfairness
21 2.1
fairness
236 1.9

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.