Unconscionability

Unconscionable contracts are those that violate public policy by being so unjust as to offend the court’s sense of fairness. Sometimes called “contracts against public policy,” unconscionable contracts usually result from a gross disparity in the parties’ bargaining power, as can happen when one party is a savvy business person and the other party is elderly, illiterate, or not fluent in English. But a mere disparity in bargaining power will not suffice to overturn an otherwise valid contract, unless a court finds that the resulting contract is one that no mentally competent person would enter and that no fair and honest person would accept.


Inside Unconscionability