---
title: "Unconscionability"
type: Legal Term
source: https://casebriefly.com/legal-terms/unconscionability
---

# Unconscionability

Unconscionability is a defense to contract enforcement arising when a contract or clause is so one-sided as to be oppressive. Courts evaluate both procedural unconscionability — defects in the bargaining process such as unequal bargaining power, hidden terms, or lack of meaningful choice — and substantive unconscionability — terms that are unreasonably favorable to one party. Under UCC Section 2-302, a court may refuse to enforce an unconscionable contract or sever the offending clause.

## Related Terms

- parol-evidence-rule
- implied-warranty
- mutual-assent

## Related Cases

- williams-v-walker-thomas-furniture
- vokes-v-arthur-murray
- odorizzi-v-bloomfield-school-district

## Example

A furniture store sells goods on an installment plan with a cross-collateral clause that keeps all prior purchases as security until every item is paid in full. This "dragnet" clause may be unconscionable.

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Source: [Unconscionability — CaseBriefly](https://casebriefly.com/legal-terms/unconscionability)