Unconscionability

A defense against the enforcement of a contract or portion of a contract.  If a contract is unfair or oppressive to one party in a way that suggests abuses during its formation, a court may find it unconscionable and refuse to enforce it.  A contract is most likely to be found unconscionable if both unfair bargaining and unfair substantive terms are shown.  An absence of meaningful choice by the disadvantaged party is often used to prove unfair bargaining.

See Contracts.