Unconscionable bargain

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UNCONSCIONABLE BARGAIN, contracts. A contract which no man in his senses, not under delusion, would make, on the one hand, and which no fair and honest man would accept, on the other. 4 Bouv. Inst. n. 3848.

References in periodicals archive ?
Equity's unconscionable dealing doctrine is, of course, another: see Malcolm Cope, "The Review of Unconscionable Bargains in Equity' (1983) 57 Australian Law Journal 279.
I have written in this journal before on unconscionable bargains. (28) I said this:
I think fundamentally it is a case where a serious injustice was done to the defendants, and where the law of unconscionable bargain was stretched almost to breaking point.
The equitable principles relating to undue influence and relief against unconscionable bargains are closely related, but the doctrines are separate and distinct.
on the basis that it was an unconscionable bargain.
(108) See J Devenney (2002) 'A Pack of Unruly Dogs: Unconscionable Bargains, Lawful Act (Economic) Duress and Clogs on the Equity of Redemption' [2002] JBL 539.
(100) Nevertheless, relief on the ground of unconscionability can be claimant-sided relief, and this can be demonstrated by reference to the unconscionable bargain doctrine, a doctrine which has both contextual and historical links with the doctrine of undue influence.
However, Editora Musical de Cuba, which turned rights to the 14 songs over to Termidor, argues that its original contracts with Peer are null and void because they were "unconscionable bargains" not recognized by law.
Prohibitions on the enforcement of contracts with minors, and the concepts of undue influence and unconscionable bargains, exemplify the preparedness of the law to interfere with contracts in the pursuit of fairness.
At general law, bargains wrought in unfair circumstances were ameliorated to some degree by the development in equity of the doctrine of unconscionable bargains. Statutory unconscionability in the TPA is a descendant of this equitable doctrine, which was most famously explained by Mason J in Commercial Bank of Australia Ltd v Amadio.