UNCONSCIONABILITY

A contract which, on its face, is not fair as the seller has great leverage and takes advantage of the buyer’s unequal bargaining position. It is an unfairness that is shocking to the senses of the average person. In many cases these usually involve a large manufacturer or one who has a virtual monopoly on an important product and which the buyer must accept all terms or risk not being able to obtain the product. It also occurs when a buyer has a significant impediment, for example, a language problem, an obvious emotional issue or some other condition that places him or her at the mercy of the seller. If a contract term is proven to be unconscionable, the contract is terminated.