Dictionary of Law

unconscionable :: legal definition

Unconscionable - adj. referring to a contract or bargain which is so unfair to a party that no reasonable or informed person would agree to it. In a suit for breach of contract, a court will not enforce an unconscionable contract (award damages or order specific performance) against the person unfairly treated, on the theory that he/she was misled, lacked information or signed under duress or misunderstanding. It is similar to an "adhesion contract," in which one party has taken advantage of a person dealing from weakness.

See also: adhesion contract contract and Related Law Terms ↓

Related Law Terms

adhesion contract :: n.(contract of adhesion) a contract (often a signe ... ourceful lawyer. See also: contract
admission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay
adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal.
amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation
anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract
apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority
assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills.
bilateral contract :: n. an agreement in which the parties exchange prom ... also: contract unilateral contract
commercial frustration :: n. an unforeseen uncontrollable event which occurs ... rustration of purpose impossibility
condition precedent :: n. 1) in a contract, an event which must take plac ... o the property. See also: condition
consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
contract of adhesion :: n. See also: adhesion contract ... n. See also: adhesion contract
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
corporation :: n. an organization formed with state governmental ... ation public corporation securities
declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief
domicile :: n. the place where a person has his/her permanent ... where its headquarters is located.
estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches
executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance.
guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability
incriminate :: v. to make a statement in which one admits that he ... d to information which would be so.
indenture :: n. a type of real property deed in which two parti ... bind a person to work for another.
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
informed consent :: n. agreement to do something or to allow something ... . See also: consent Miranda warning
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
novation :: n. agreement of parties to a contract to substitut ... . See also: accord and satisfaction
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement.
personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product.
promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract
receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally.
rescind :: v. to cancel a contract, putting the parties back ... celling party. See also: rescission
severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
third party :: n. a person who is not a party to a contract or a ... beneficiary third-party beneficiary
third-party beneficiary :: n. a person who is not a party to a contract but h ... tract as a third-party beneficiary.

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - U

UCC-1 :: n. a financing agreement form for using personal p ... (UCC) adopted in almost all states.
ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence
ultra vires :: (uhl-trah veye-rehz) adj. Latin for "beyond powers ... it is issued. See also: corporation
ultrahazardous activity :: n. an action or process which is so inherently dan ... sional auto race on public streets.
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court
under the influence :: n. one of many phrases for being drunk on alcoholi ... See also: driving while intoxicated
underwrite :: v. 1) to agree to pay an obligation which may aris ... antee guarantor insurer underwriter
underwriter :: n. a company or person which/who underwrites an in ... ss or project. See also: underwrite
undisclosed principal :: n. a person who uses an agent for his/her negotiat ... dispute. See also: agent principal
undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common
undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest
unfair competition :: n. wrongful and/or fraudulent business methods to ... ctices tend to harm one's business.
unified estate and gift tax :: n. in federal estate taxes, the value of the estat ... turn. See also: estate tax gift tax
Uniform Commercial Code :: n. a set of statutes governing the conduct of busi ... s except Louisiana. See also: UCC-1
unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance
uninsured motorist clause :: n. the clause in a policy of insurance on an autom ... l pay its insured's actual damages.
unissued stock :: n. a corporation's shares of stock which are autho ... poration share stock treasury stock
unjust enrichment :: n. a benefit by chance, mistake or another's misfo ... perty. See also: constructive trust