Unconscionability

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. ...

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 ...

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 ...

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)]...

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 ...

Expectant heir

Expectant heir. A person to whom property will accrue on the death of another person. expectant heirs wishing to anticipate this property have frequently borrowed money, to be repaid when the expected property shall devolve upon them. From the uncertainty of this period, the unsoundness of the security which the expectant heir can offer, and from the pressing character of his immediate necessities, the rate of interest is necessarily higher than that upon an ordinary loan, and is frequently very much higher than the risk run by the lender requires. At Common Law all such loans are good, and the interest upon them, however high, recoverable. By the Usury Acts, indeed-which, however, did not apply to loans to expectant heirs with any greater rigour than to loans to other persons'they were for a long period of yeas subject to the restriction that only a fixed maximum rate of interest could be exacted, but the Usury Acts were repealed in 1854 by 17 & 18 Vict. c. 90. See USURY.From very ear...

oppression

oppression : an unjust or excessive exercise of power: as a : unlawful, wrongful, or corrupt exercise of authority by a public official acting under color of authority that causes a person harm b : dishonest, unfair, wrongful, or burdensome conduct by corporate directors or majority shareholders that entitles minority shareholders to compel involuntary dissolution of the corporation c : inequality of bargaining power resulting in one party's lack of ability to negotiate or exercise meaningful choice see also unconscionability op·pres·sive [ə-pre-siv] adj ...

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 ...

conscionable

conscionable : guided by conscience : characterized by fairness and justice compare unconscionable con·scio·na·bil·i·ty [kÄ n-chə-nə-bi-lə-tē] n ...

overreaching

overreaching 1 : conduct that exceeds established limits (as of authority or due process) [claimed that by the prosecution barred a retrial because of double jeopardy] 2 : the gaining of an unconscionable advantage over another esp. by unfair or deceptive means [if the contract was void for traditional reasons such as fraud or "Lugassy v. Independent Fire Ins. Co., 636 So. 2d 1332 (1994)"] ...

Unconscionability - Law Dictionary Search Results