substantive unconscionability

Substantive unconscionability refers to unfair or overly harsh terms in a contract that are one-sided and shockingly oppressive. It focuses on the actual content of the agreement, assessing whether the terms are so imbalanced that they effectively deprive one party of meaningful choice. For instance, if a contract demands excessive penalties for minor breaches, it may be considered substantively unconscionable. This concept helps ensure that contracts remain fair and just, preventing exploitation in agreements where one party holds significantly more power than the other.