legal scholars on unconscionability

Legal scholars view unconscionability as a principle that protects parties in a contract from unfair terms or bargaining processes that are excessively one-sided or exploitative. It applies when a contract or specific clauses are so unjust or oppressive that they offend conscience or basic fairness. Courts typically assess factors like unequal bargaining power, hidden terms, or whether one party had significant unfair advantage, to determine if a contract should be invalidated or modified. Essentially, unconscionability acts as a safeguard ensuring fairness in contractual agreements, preventing exploitation and promoting equitable treatment of all parties.