Substantive Unconscionability - Law Dictionary Search Results
Home Dictionary Name: substantive unconscionabilitysubstantive 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 ...
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 ...
procedural 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. ...
Unconscionable transaction
Unconscionable transaction, the circumstances that a grandfather made a gift of a portion of his properties to his only grandson a few years before his death is not on the face of it an unconscionable transaction, Subhas Chandra Das Mushib v. Ganga Prasad Mushib, AIR 1967 SC 878 (884). [Contract Act, 1872, s. 16(3)]...
Substantive capacity
Substantive capacity, means capacity other than an officiating or temporary capacity and would imply that the holder thereof had a lien on his post, Prem Nath Sharma v. Vice-Chancellor, Lucknow, University, AIR 1959 All 618.Substantive capacity, the emphasis imparted by the adjective 'substantive' is that a thing is substantive if it is 'an essential part or constituent or relating to what is essential'. The Court may describe a capacity as substantive if it has 'independent existence' or is of 'considerable amount or quantity'. What is independent in a substantial measure may reasonably be described as subs-tantive. Therefore, when a post is vacant, however designated in officiates, the capacity in which the person holds the post has to be ascertained by the State. Substantive capacity refers to the capacity in which a person holds the post and not necessarily to the nature or character of the post. To approximate to the official diction used in this connection, we may well say that a...
unconscionable
unconscionable : unreasonably unfair to one party, marked by oppression, or otherwise unacceptably offensive to public policy [an clause] [finds the contract…to have been at the time it was made "Uniform Commercial Code"] compare conscionable un·con·scio·na·bly adv ...
substantive crime
substantive crime : a crime that does not have as an element the performance of some other crime : a crime that is not dependent on another [indicted and convicted of conspiracy to attempt to enter the bank and the substantive crime of attempting to enter the bank "United States v. Clay, 495 F.2d 700 (1974)"] called also substantive offense compare accessory, conspiracy ...
Pay in the substantive post in the parent department
Pay in the substantive post in the parent department, 'pay in the substantive post in the parent department' means the pay attached to the post substantively held by the employee on the date of transfer to another department, V.A. Subhadra v. A. Satyavan, AIR 1975 SC 1913 (1914): (1975) 4 SCC 624: (1976) 1 SCR 375....
substantive
substantive 1 : of or relating to a matter of substance as opposed to form or procedure [a issue] [the instructions to the jury] [was dismissed on procedural and grounds] compare procedural 2 : affecting rights, duties, or causes of actions [a statutory change] [a rule of law] 3 : existing in its own right ;specif : of or relating to a substantive crime [the object of a RICO conspiracy is to violate a RICO provision "United States v. Elliot, 571 F.2d 880 (1978)"] ...
substantive consolidation
substantive consolidation Putting the assets and liabilities of two or more related debtors into a single pool to pay creditors. (Courts are reluctant to allow substantive consolidation since the action must not only justify the benefit that one set of creditors receives, but also the harm that other creditors suffer as a result.) Source: Administrative Office of the U.S. Courts ...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial