advanced contract essay on unconscionability
unconscionability in contract law
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“The concept of unconscionability is moving to a position where an unwise transaction
which does not involve any element of fraud or duress can be set aside if it is in the
interests of one of the parties to the contract.” Critically examine this statement.
Unconscionable bargaining has been said to be impossible to define,1 but broadly can be seen
as an ‘exploitation by one party of another’s position of special disadvantage’.2
Unconscionable conduct occurs between a dominant and weaker party, where the dominant
party takes advantage of a ‘special disability’ of the weaker party. 3 A ‘special disability’ in
unconscionable dealings generally relates to the age, literacy or education level of the weaker
party.4 Unconscionable conduct has been delineated and prohibited in both the common law
and statute, with some recent developments in both areas aiming to protect the in...
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