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LSDefine

Simple English definitions for legal terms

substantive unconscionability

Read a random definition: poenae secundarum nuptiarum

A quick definition of substantive unconscionability:

Substantive unconscionability means that a contract has terms that are really unfair and unreasonable. This happens when one party has all the power and the other party doesn't have a real choice. It's like when someone makes you agree to something that is really bad for you, and you don't have any other options. Courts can refuse to enforce these kinds of contracts because they are so unfair. It doesn't matter if the contract becomes more valuable later on, it's still not okay if it was really unfair when it was made.

A more thorough explanation:

Substantive unconscionability refers to extreme unfairness in a contract's terms. It occurs when one party has no meaningful choice, and the other party unreasonably benefits from the contract's terms. A court may refuse to enforce a contract that is unfair or oppressive due to overreaching contractual terms, especially those that are unreasonably favorable to one party while precluding meaningful choice for the other party.

For example, a car dealership may include a clause in a contract that states the buyer cannot sue the dealership for any reason. This clause is an example of substantive unconscionability because it unreasonably favors the dealership and precludes the buyer's meaningful choice to seek legal action if necessary.

Substantive unconscionability depends on the contract's terms at the time of formation, and a later rise in market price is irrelevant. It is different from procedural unconscionability, which results from improprieties in contract formation, such as oral misrepresentations or disparities in bargaining position.

Most cases of unconscionability involve a combination of procedural and substantive unconscionability, as it is generally agreed that if more of one is present, then less of the other is required.

substantive rule | substitute

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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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