Unconscionable Law and 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.