Duty of honest contractual performance (or doctrine of abuse of rights)6
Duty of good faith (also implied covenant of good faith and fair dealing or duty to negotiate in good faith)7
Contract A and Contract B in Canadian contract law6
Related areas of law
Conflict of laws
Commercial law
By jurisdiction
Australia
Canada
China (mainland)
Ireland
India
Saudi Arabia
United Kingdom
England and Wales
Scotland
United States
Other law areas
Tort law
Property law
Wills, trusts, and estates
Criminal law
Evidence
Notes
1 Specific to common law jurisdictions
2 Specific to civil and mixed law jurisdictions
3 Historically restricted in common law jurisdictions but generally accepted elsewhere; availability varies between contemporary common law jurisdictions
4 Specific to the German Bürgerliches Gesetzbuch and other civil codes based on the pandectist tradition
5 Explicitly rejected by the UNIDROIT Principles of International Commercial Contracts
6 Specific to Canadian contract law both in Québec and in the country's common law provinces
7 Specific to civil law jurisdictions, the American Uniform Commercial Code, and Canadian jurisprudence in both Québec and the common law provinces pertaining to contractual and pre-contractual negotiation
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Equitable doctrines
Doctrines
Equitable conversion
Estoppel
Hotchpot
Knowing receipt
Laches
Marshalling
Unconscionability
Undue influence
Subrogation
Defences
Bona fide purchaser
Clean hands
Equitable remedies
Account of profits
Constructive trust
Declaratory relief
Injunction
Rectification
Rescission
Specific performance
Related
Court of Chancery
Equitable interest
History of equity
Maxims of equity
Tracing
Trust law
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Unconscionability (sometimes known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience. Typically, an unconscionable contract is held to be unenforceable because no reasonable or informed person would otherwise agree to it. The perpetrator of the conduct is not allowed to benefit, 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.
Unconscionability (sometimes known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extremely...
Unconscionability in English law is a field of contract law and the law of trusts, which precludes the enforcement of voluntary (or consensual) obligations...
them is often somewhat tenuous. Treitel on Contracts notes that "unconscionability ... provides the link between them", but they nevertheless have "separate...
transfer" the property, and the more recent but controversial use of unconscionability as a method of dispensing a formality requirement. Note the exception...
case is a formative case for the defence of unconscionability, a precursor to statutory unconscionability. Giovani and Cesira Amadio, whose son, Vincenzo...
based on two prongs: procedural unconscionability and substantive unconscionability.: 393 Procedural unconscionability arises from "contract formation"...
the Law. Section 21 bans unconscionability in consumer transactions. Section 22 gives factors that indicate unconscionability. This clarifies the application...
Calgary Faculty of Law argued that the version of the doctrine of unconscionability adopted in Uber Technologies is too expansive, and does not provide...
doctrinal basis of subrogation is said to lie in the prevention of unconscionable results: for example, the discharge of a debtor or one party obtaining...
The doctrine of unconscionability is a fact-specific doctrine arising from equitable[citation needed] principles. Unconscionability in standard form...
Affordable Care Act, Romney attacked the landmark legislation as "an unconscionable abuse of power" and said it should be repealed. The antipathy Republicans...
Spencer Cox, called the sexual misconduct allegations "disturbing" and "unconscionable" if true. Ballard denied the accusations, saying that "they are baseless...
document is contractual in nature. However, defences such as duress or unconscionability may enable the signer to avoid the obligation. Further, reasonable...
FDA's approval for its new gene therapy Zolgensma, writing that it was "unconscionable that a drug company would provide manipulated data to federal regulators...
that he needed to stand trial. Liz Cheney called the idea of a pardon "unconscionable". A week prior to the announcement, Trump also said he had been thinking...
Threats and unequal bargaining power Illegality and public policy Unconscionability Culpa in contrahendo2 Force majeure Frustration of purpose Impossibility...
the Second Life Terms of Service were unenforceable, due to being an unconscionable contract of adhesion. The case eventually ended with Bragg's virtual...
several students experienced an assault that, "can only be described as unconscionable, it was a violation not only of a child's body but an assault on their...
Salvadoran civilians. President Carter stated this was a "shocking and unconscionable act". At his funeral a week later, government-sponsored snipers in the...
Archived from the original on July 30, 2011. Retrieved November 9, 2008. "Unconscionable: McCain Staffers Attempting to Destroy Sarah Palin". RushLimbaugh.com...
and it would be unconscionable to go back on the assurance. If these elements of assurance, reliance and detriment, and unconscionability are present, the...
state of California. Standard form contract#Contracts of adhesion Unconscionability Low, Michael J. (2005). "It's the end of the world as we know it ...
Threats and unequal bargaining power Illegality and public policy Unconscionability Culpa in contrahendo2 Force majeure Frustration of purpose Impossibility...
example, may arise when one party has been unjustly disadvantaged by the unconscionable behaviour of another. Importantly, however, a ‘mere equity’ will not...
Threats and unequal bargaining power Illegality and public policy Unconscionability Culpa in contrahendo2 Force majeure Frustration of purpose Impossibility...
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