procedural unconscionability

Procedural unconscionability refers to unfairness in the process of forming a contract. It occurs when one party has significantly more power or knowledge, leading to an imbalance that affects the agreement's fairness. This can happen through misleading terms, lack of understanding, or high-pressure tactics that prevent one party from making an informed choice. Essentially, it's about how the contract was created rather than its content, highlighting a situation where one side is at a disadvantage, often due to exploitation of their vulnerability or lack of bargaining power.