substantive unconscionability

substantive unconscionability
substantive unconscionability n: unconscionability of a contract that arises from the terms of the contract and esp. from terms that are found to be one-sided, unjust, or overly harsh compare procedural unconscionability

Merriam-Webster’s Dictionary of Law. . 1996.

Look at other dictionaries:

  • unconscionability — un·con·scio·na·bil·i·ty /ˌən ˌkän chə nə bi lə tē/ n 1: the state or condition of being unconscionable the issue of unconscionability is to be decided by the court J. D. Calamari and J. M. Perillo see also procedural unconscionability …   Law dictionary

  • Unconscionability — (also known as Unconscientious dealings) is a term used in contract law to describe a defense against the enforcement of a contract based on the presence of terms unfair to one party. Typically, such a contract is held to be unenforceable because …   Wikipedia

  • unconscionability — A doctrine under which courts may deny enforcement of unfair or oppressive contracts because of procedural abuses arising out of the contract formation, or because of substantive abuses relating to terms of the contract, such as terms which… …   Black's law dictionary

  • procedural unconscionability — n: unconscionability that derives from the process of making a contract rather than from inherent unfairness or unreasonableness in the terms of the contract compare substantive unconscionability ◇ Procedural unconscionability is based on factors …   Law dictionary

  • Arbitration clause — Contract law Part o …   Wikipedia

  • Estoppel — in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth,… …   Wikipedia

  • Estoppel (English law) — Estoppel is a legal doctrine that may be used in certain situations to prevent a person from relying upon certain rights, or upon a set of facts (eg. words said or actions performed) which is different from an earlier set of facts. Estoppel could …   Wikipedia

  • Arbitration in the United States of America — Arbitration, in the context of United States law, is a form of alternative dispute resolution mdash; specifically, a legal alternative to litigation whereby the parties to a dispute agree to submit their respective positions (through agreement or …   Wikipedia

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