Legal Definition and Related Resources of Unconscionable
Meaning of Unconscionable
That which is contrary to the conscience of the court. Where parties are in a fiduciary relationship, if the one in whom the trust is reposed gains for himself a possible benefit then unless the transaction inherently is fair and honest, it will be an unconscionable transaction. See Crawford v Crawford, 134 Ga. 114, 67 S. E. 673; Re Estate of Svab, 8 Ohio App.2d 80, 220 N.E.2d 720. Although a court will not interfere merely on the ground that a contract is unwise and improvident where it is freely made and plainly expressed, Gul- lieken v Shadoan, 124 Mont. 56, 218 P.2d 714, it would interfere in cases where the bargaining powers between the parties is so unequal as to nullify free choice on the part of one of the parties. See Muller v Sutliff, 241 III. 521, 89 N.E. 651. Also Scarboro v Atlantic Coast Line R. Co., (C.A. 4 Va.) 178 F.2d 253.
Synonyms of Unconscionable
- Associated Concepts: unconscionable bargain
- unconscionable conduct
- unconscionable contract
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Unconscionable in Historical Law
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