unconscionable

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Synonyms for unconscionable

Synonyms for unconscionable

lacking scruples or principles

vastly exceeding a normal limit, as in cost

Synonyms for unconscionable

lacking a conscience

Related Words

greatly exceeding bounds of reason or moderation

References in periodicals archive ?
The central question in the procedural unconscionability analysis is whether the complaining party lacked a meaningful choice when entering into the contract.
Having identified the concept of unconscionability as the touchstone of the trust, he professed himself unable to see how the bank's conscience could be affected.
68) In Italian Colors, the Court held that even if the cost of arbitration would exceed the possible total recovery the plaintiff could expect, the challenge of unconscionability was still preempted by the FAA.
69) The loan company contended "that all state law unconscionability defenses are preempted by the [FAA] in all cases," pursuant to the holding in Concepcion.
The law typically understands substantive unconscionability to work by releasing imprudent bargainers from their voluntarily assumed obligations.
After Rent-A-Center, it is almost impossible for a party to challenge a one-sided arbitration clause on unconscionability grounds, no matter how unfair it is.
68) Many courts have struck down arbitration clauses because of procedural and substantive unconscionability.
313) Leff appreciated that contract theorists had, in the 1940s, shaped concepts such as duress, fraud, and unconscionability as part of the development of the doctrine of "contracts of adhesion;" Leff thought these arguments innovative but the wrong approach ("totally irrelevant" (314)) to materials that were not themselves contracts.
it was entered into under duress, or on unconscionability grounds if the
The unconscionability which attracts the intervention of equity is the defendant's failure, having induced or acquiesced in the adoption of the assumption or expectation with knowledge that it would be relied on, to fulfil the assumption or expectation or otherwise avoid the detriment which that failure would occasion [Waltons v Maher, 423 (Brennan J)].
137) Additionally, although contra proferentem often works in tandem with the doctrine of unconscionability to protect fairness in the contracting process, (138) unconscionability defenses are not always available in arbitrability disputes.
After an introduction to the contract curve and expectation damages, chapters cover consideration and exchange, contract formation, and unfairness and unconscionability, along with contract interpretation, performance and breach, mistake and impossibility, remedies, and third party beneficiaries.
41) As Gilbert argues, "EULAs regulatory framework is fraught with problems", primary among which is that "the developers' superior bargaining strength results in a stilted EULA that is susceptible to the unconscionability doctrine", (42) which commonly involves two tests, procedural and substantive unconscionability.