Unconciousable Bargain Flashcards
Unconscionable Bargain
Another equitable doctrine to mitigate the strictures of common law duress.
There is a jurisdiction to set aside as “unconscionable” transactions where the parties to the transaction have unequal bargaining positions and the weaker party has not been adequately protected.
Undue influence is the product of a situation where the weaker party places his trust and confidence in another, stronger party. Does not rely on a special relationship, or the placing of trust, or the exertion of actual pressure.
Weaker party must simply be under a particular disadvantage and the stronger party knows of that and takes advantage of it. It does not require that the will of the weaker party be overborne by pressure from the stronger party: it simply must be so unconscionable that the transaction would stand, due to the disability or disadvantage of the weaker party. Equity is required to intervene.
