Unconscionability

A contract term so one-sided a court refuses to enforce it.

Courts will decline to enforce a contract term they find unconscionable - meaning unfairly one-sided in both how it was presented and what it does. A term in fine print that nobody could negotiate, which places all the risk on the consumer, is the classic example.

It is one of the recognised grounds on which a class-action waiver can fail.

Related terms

• Class action - One lawsuit brought on behalf of everyone harmed the same way.
• Class representative - The named person who stands in for the whole class.
• Class certification - The court ruling that lets one case speak for everyone.
• Arbitration clause - Contract language sending disputes to a private forum instead of court.
• Class-action waiver - A term saying you may only bring a claim for yourself, never as a group.
• Contract of adhesion - A take-it-or-leave-it contract with no room to negotiate.
• Assent - Whether you actually agreed, and how the company proved it.
• Negative option billing - You are charged unless you act to stop it.