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unconscionability

Overview page. Subjects: Law.

A term with a wide variety of meanings in both statutory and non-statutory law, mostly stemming from the law's notion of ‘a good conscience’ and what it requires in the ...

See overview in Oxford Index

unconscionably

Bryan A. Garner.

in Garner’s Modern English Usage

January 2016; p ublished online August 2016 .

Reference Entry. Subjects: Language Reference. 72 words.

(= unreasonably, unscrupulously, outrageously) is sometimes misused for unconsciously or unselfconsciously—e.g.: “Educated speakers who unconscionably [read unconsciously or unselfconscious...

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unconscionable conduct

Overview page. Subjects: Law.

(1) In contract law, unconscionability is the general principle supporting actions in which a party asserts unilateral mistake, or undue influence exploiting vulnerability. In...

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unconscionable conduct

Edited by Audrey Blunden.

in Australian Law Dictionary

January 2010; p ublished online January 2010 .

Reference Entry. Subjects: Law. 340 words.

(1) In contract law, unconscionability is the general principle supporting actions in which a party asserts unilateral mistake, or

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Unconscionable bargains

Janet O’Sullivan and Jonathan Hilliard.

in The Law of Contract

March 2016; p ublished online September 2016 .

Chapter. Subjects: Contract Law. 5982 words.

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise and reliable guides for students at all levels. This chapter examines the...

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Unconscionable bargains

Janet O’Sullivan.

in O'Sullivan & Hilliard's The Law of Contract

April 2018; p ublished online September 2018 .

Chapter. Subjects: Contract Law. 3938 words.

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines the...

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Unconscionable Enrichment?

Prince Saprai.

in Philosophical Foundations of the Law of Unjust Enrichment

March 2009; p ublished online May 2009 .

Chapter. Subjects: Civil Law. 10543 words.

This chapter claims that unconscionability and its cognate exploitation offer a plausible account of the duty to make restitution particularly in the context of undue influence and...

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The Unconscionability Principle

Melvin A. Eisenberg.

in Foundational Principles of Contract Law

November 2018; p ublished online October 2018 .

Chapter. Subjects: Company and Commercial Law. 15886 words.

Chapter 7 concerns one of the most important developments in modern contract law: the emergence of the principle that an unconscionable contract is unenforceable. Two elements should figure...

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Duress and Unconscionability

Charles Fried.

in Contract as Promise

July 2015; p ublished online May 2015 .

Chapter. Subjects: Company and Commercial Law. 8289 words.

Certain contracts are claimed to be unfair although the parties seemed to have entered into them willingly. The legal doctrines that make this claim are duress and unconscionability. A...

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<i>Would It Be Unconscionable</i> …?

ELIZABETH COOKE.

in The Modern Law of Estoppel

March 2000; p ublished online January 2010 .

Chapter. Subjects: Civil Law. 20382 words.

In deciding whether or not it is wrong, or unconscionable, for the maker of a representation to go back on it, the courts consider a number of factors. One must look at the conditions for...

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Competition and Unconscionability

Ezra Friedman.

in American Law and Economics Review

December 2013; p ublished online May 2013 .

Journal Article. Subjects: Contract Law; Antitrust Issues and Policies; Market Structure, Firm Strategy, and Market Performance. 15925 words.

This paper argues that the conventional legal doctrine that emphasizes lack of choice among suppliers or contracts as an element of unconscionability is misguided. I show that when a seller...

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Unconscionability and unfairness

Elizabeth Macdonald and Ruth Atkins.

in Koffman & Macdonald’s Law of Contract

April 2014; p ublished online June 2014 .

Chapter. Subjects: Contract Law. 7493 words.

This chapter is concerned with unconscionability, good faith, and inequality of bargaining power. It is often stated that there are no such general doctrines in English Law. Concerns about...

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Unconscionability and unfairness

Elizabeth Macdonald and Ruth Atkins.

in Koffman & Macdonald's Law of Contract

August 2018; p ublished online September 2018 .

Chapter. Subjects: Contract Law. 7751 words.

This chapter is concerned with unconscionability, good faith, and inequality of bargaining power. It is often stated that there are no such general doctrines in English Law. Concerns about...

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Testing Repatriation Contracts for Unconscionability: The Case of Refugees in Israel

Mollie Gerver.

in International Journal of Refugee Law

June 2014; p ublished online June 2014 .

Journal Article. Subjects: Human Rights and Immigration; Refugee Studies. 14207 words.

When an individual signs a contract for voluntary repatriation through a private or public body, there may be a need to draw upon principles of contract law and to test contracts for...

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unconscionability

Overview page. Subjects: Law.

A term with a wide variety of meanings in both statutory and non-statutory law, mostly stemming from the law's notion of ‘a good conscience’ and what it requires in the ...

See overview in Oxford Index

unconscionability

Edited by Trischa Mann.

in Australian Law Dictionary

January 2013; p ublished online April 2015 .

Reference Entry. Subjects: Law. 147 words.

A term with a wide variety of meanings in both statutory and non-statutory law, mostly stemming from the law's notion

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unconscionability

Edited by Audrey Blunden.

in Australian Law Dictionary

January 2010; p ublished online January 2010 .

Reference Entry. Subjects: Law. 147 words.

A term with a wide variety of meanings in both statutory and non-statutory law, mostly stemming from the law's notion

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unconscionability

Edited by Trischa Mann.

in Australian Law Dictionary

October 2017; p ublished online April 2018 .

Reference Entry. Subjects: Law. 147 words.

A term with a wide variety of meanings in both statutory and non-statutory law, mostly stemming from the law’s notion

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unconscionable

Edited by T. F. Hoad.

in The Concise Oxford Dictionary of English Etymology

January 1996; p ublished online January 2003 .

Reference Entry. Subjects: History of English. 26 words.

not conscientious; not reasonable, unreasonably great, etc. XVI (UN-). unconscious XVIII (UN-). uncouple release

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unconscionability

Peter Cane and Joanne Conaghan.

in The New Oxford Companion to Law

January 2008; p ublished online January 2009 .

Reference Entry. Subjects: Law. 4 words.

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Unconscionability

Kermit L. Hall.

in The Oxford Companion to American Law

January 2002; p ublished online January 2004 .

Reference Entry. Subjects: Law. 4 words.

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