Unconscionable Law & Legal Definition
Unconscionable is a subjective term referring to something so dishonest, unfair, or immoral that it is appalling to a person's senses. Being taken advantage of in a transaction in a way that offends the conscience is known as unconscionable conduct. Unconscionability is a legal excuse to void a contract. Some of the factors a court may consider in deciding whether conduct was unconscionable include, but are not limited to:
- the relative bargaining strength of the parties
- whether the stronger party imposed conditions that were not necessary to protect their legitimate business interest
- the use of undue influence, pressure or unfair tactics
- whether the weaker party could obtain supply on better terms elsewhere
- whether the stronger party made adequate disclosure to the weaker party
- the willingness of the stronger party to negotiate
- the extent to which each party acted in good faith
- the requirements of any relevant industry code.
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