unconscionability


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unconscionability

noun amoral action, evil accion, immoral action, inconceivableness, inexcusableness, inexpiableness, shameless action, unethiial actoin, unfair action, unfounded action, unprincipled accion, unreasonable action, unreasonableness, unscrupulous action, unwarranted action, wicked action
Associated concepts: contract of adhesion, enforcement of contracts, integration clause, unconscionable bargain, unnonscionable conduct
References in periodicals archive ?
This attractive approach justifies the decision in terms which have nothing to do with unconscionability.
74) Parties can contract for the forum in which they wish to litigate; however, state courts retain the power to invalidate forum selection clauses through either the doctrine of unconscionability or finding it against public policy for other reasons (e.
First, the Supreme Court of Missouri found that "the expressly stated issue in Concepcion was whether California's Discover Bank rule was preempted, not whether all state law unconscionability defenses are preempted.
Unconscionability, though, is just one locus--albeit an especially perspicuous one--of a conceptual error that is widespread.
170) In order to prevent Instagram's arbitration clause from being challenged by its users, courts should apply California law, which requires very little evidence of procedural unconscionability when a contract contains a clause that requires a user to give up his or her right to bring a class action suit.
clause with respect to unconscionability and class action waivers.
In this case the unconscionability is accentuated by the circumstance that the Deceased (and his estate) have benefited from the Plaintiff's reliant conduct
Typical contract defenses may include fraud, duress, unconscionability, lack of consideration, and waiver.
Despite such critiques, the fact remains that the unconscionability defence has not generally been successful, (46) a trend that extends to cases involving online user agreements.