Judge gavel representing legal unconscionability concept

What is unconscionability?

Unconscionability is a contract defense that can make an unfair agreement—or a specific clause—unenforceable when there’s both procedural unfairness (how it was formed) and substantive unfairness (what it requires). Courts use it to prevent one-sided terms imposed through unequal bargaining power, deception, or lack of meaningful choice. This article explains the legal definition, key elements, […]

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