Talk:Unconscionability

From Wikipedia, the free encyclopedia

⚖
This article is within the scope of WikiProject Law, an attempt at providing a comprehensive, standardised, pan-jurisdictional and up-to-date resource for the legal field and the subjects encompassed by it.
??? This article has not yet received a quality rating on the assessment scale.
??? This article has not yet received an importance assessment on the assessment scale.

Typically, such a contract is held to be unenforceable because the consideration offered is lacking or is so obviously inadequate that to enforce the contract would be unfair to the party seeking to escape the contract.

I think this sentence is incorrect. Unconscionability is a doctrine reserved for contracts (or contract provisions) that are outrageously unfair. Courts use it as a last resort. In cases in which there is a lack of consideration, courts needn't invoke unconscionabilty; courts need only invoke lack of consideration.--RMKeaton 03:39, 9 July 2006 (UTC)

[edit] Lloyds Bank v Bundy

Isn't this case a claim about undue influence - Bundy claimed the manager unduly influenced his decision - rather than Unconscionable bargain? Lisiate 23:29, 12 September 2006 (UTC)