unconscionability

Another element of unconscionability is the potential need for the stronger party to be aware of the other’s vulnerability.

Unconscionable Organ Donations : Law is Cool 2008

Procedural unconscionability is a type of equitable fraud, not involving a misrepresentation of facts, but rather through the conduct of one party in obtaining assent. [

Unconscionable Organ Donations : Law is Cool 2008

A federal district court ruled that the contract could be broken under a state " unconscionability " law that also applies to other contracts, and the Ninth Circuit affirmed, putting the California law outside the pre-emption umbrella of the Federal Arbitration Act.

The $30 Bonanza 2010

Lawyers have also cited "unconscionability" as a potential defense-to say that a contract is so outrageously unfair that courts should not enforce it.

Slate Magazine Christopher Beam 2009

Hartford lawyer Daniel A. Schwartz used the term "unconscionability," a way to fight against contracts that are grossly unfair to one party.

Hartford Courant blogs 2009

Hartford lawyer Daniel A. Schwartz used the term "unconscionability," a way to fight against contracts that are grossly unfair to one party.

Hartford Courant blogs 2009

General contract defenses such as unconscionability may invalidate arbitration agreements.

Groklaw 2008

"unconscionability" as a potential defense-to say that a contract is so outrageously unfair that courts should not enforce it.

Slate Magazine 2009

Jefferson spoke of the unconscionability of taxing people to support religions that they do not believe in.

The Conservative Assault on the Constitution Erwin Chemerinsky 2010

And venue, arbitration and class action waiver clauses are frequently the subject of claims of unconscionability including clauses that expressly prohibit class action arbitration

The Volokh Conspiracy » After Stolt-Nielsen v. AnimalFeeds Int’l Corp.: Deciding When Class Arbitration Is Permissible 2010