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Part IV Vitiation, 15 Unconscionability

From: Contract Law in Practice

Neil Andrews

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 25 January 2022

Subject(s):
Construction of contract — Formation of contract — Interpretation of contract

‘Unconscionability’ is a narrow equitable doctrine which protects a vulnerable party against reprehensible exploitation of his position of weakness. The doctrine of unconscionability comprises four factors: (i) the vulnerable party’s special or serious disadvantage; (ii) actual or constructive fraud, that is, conscious and reprehensible exploitation; (iii) highly disadvantageous terms; and (iv) lack of independent advice.

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