Unconscionability

A court may refuse enforcement of unconscionable terms based on unfair surprise or oppressive results.

Representative cases

• Lang v. Derr 569 S.E.2d 778 · West Virginia Supreme Court
• Kam-Ko Bio-Pharm Trading Co. v. Mayne Pharma (USA) Inc. 560 F.3d 935 · Court of Appeals for the Ninth Circuit
• Doe v. SexSearch. Com 551 F.3d 412 · Court of Appeals for the Sixth Circuit

Related Defenses to Formation rules

• Capacity to ContractMinors, mentally incompetent persons, and intoxicated individuals may avoid contracts due to lack of capacity.
• Misrepresentation DefenseContracts induced by material misrepresentation are voidable when justifiably relied upon.
• Fraud DefenseFraudulent inducement renders a contract voidable; fraud in factum may render it void.
• Duress DefenseDuress exists when an improper threat leaves no reasonable alternative.
• Undue Influence DefenseUndue influence arises from unfair persuasion of a vulnerable party by someone in a dominating position.
• Mutual Mistake DefenseA contract is voidable when both parties are mistaken about a basic assumption materially affecting the exchange.
• Unilateral Mistake DefenseUnilateral mistake permits avoidance when the other party knew or caused the mistake.
• Statute of Frauds CategoriesThe SOF applies to marriage, year-or-more, land, executors, goods ≥ $500, and suretyship.

Part of Contracts on Core Legal Rules — foundational MBE-tested principles with primary-source citations.