unconscionability defenses

Unconscionability defenses are legal arguments used to challenge the fairness of a contract or specific terms within it. They apply when a contract is so extremely unfair or oppressive that it shocks the conscience, often due to significant imbalance of power, unfair intensity, or deceptive practices. If a court finds a contract unconscionable, it may refuse to enforce it or modify it to prevent unfair treatment. This defense aims to protect parties from contracts that are fundamentally unjust, especially when one party takes advantage of another’s vulnerability or lack of understanding.