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Simple English definitions for legal terms
procedural unconscionability
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A quick definition of procedural unconscionability:
Procedural unconscionability means that a contract is unfair because one party didn't have a real choice or was tricked into agreeing to it. This can happen when one party has more power than the other or when there are lies or other bad behavior during the contract-making process. It's different from substantive unconscionability, which means that the actual terms of the contract are really unfair. Courts can refuse to enforce contracts that are unconscionable because they're too unfair or oppressive.
A more thorough explanation:
Procedural unconscionability is a legal term that refers to extreme unfairness in the process of forming a contract. This can happen when one party has no real choice in the matter and the terms of the contract are heavily in favor of the other party.
For example, imagine a person is offered a job but is only given a contract to sign on their first day of work. The contract includes terms that are very one-sided and heavily favor the employer. The employee has no real choice but to sign the contract if they want to keep their job. This would be an example of procedural unconscionability.
Procedural unconscionability can also occur when there are disparities in bargaining power between the parties, such as when one party is much more knowledgeable or experienced than the other.
It's important to note that procedural unconscionability is different from substantive unconscionability, which refers to unfair terms within the contract itself.
Overall, procedural unconscionability is a way for courts to protect individuals from being taken advantage of during the contract formation process.