Procedural Unconscionability - Law Dictionary Search Results
Home Dictionary Name: procedural unconscionabilityprocedural unconscionability
procedural unconscionability : 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 NOTE: Procedural unconscionability is based on factors, such as consumer ignorance or a great deal of unexplained fine print, that serve to deprive a party of a meaningful choice. ...
unconscionability
unconscionability 1 : the state or condition of being unconscionable [the issue of is to be decided by the court "J. D. Calamari and J. M. Perillo"] see also procedural unconscionability, substantive unconscionability 2 : a doctrine in contract law: a court may grant relief from or deny enforcement of all or part of a contract if it is found to be unconscionable ...
substantive unconscionability
substantive unconscionability : 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 ...
surprise
surprise 1 : a condition or situation in which a party to a proceeding is unexpectedly placed without any fault or neglect of his or her own and that entitles the party to relief (as a new trial) 2 : an aspect of procedural unconscionability that consists of hiding a term of a contract in a mass of text ...
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