The Doctrine Of Unconscionability Contracts Essay

Introduction The doctrine of unconscionability deals with circumstances where contracts are knowingly being exploited by [the defendant] as one party [the plaintiff] is suffering from a ‘special disadvantage’ . This doctrine originated in the mid 19th century from ‘expected heirs’ who expected to inherit property, however before the property was inherited, the owner would sell the property to someone else, typically at a very low price. Thus, the doctrine of unconscionability originally addressed situations where the heir to a property could seek relief, if that property was sold on unconscionable grounds. The law on unconscionability is no longer this straight forward, and now begs the question of whether this doctrine has succeeded in promoting desirable social values or whether it has now brought too much uncertainty into the law of contract. Therefore, this essay will address substantive unconscionability through a broad perspective, addressing issues such as fe minism and economic based views. By addressing these issues, it will be established whether the doctrine of unconscionability is in fact too uncertain in contract law. Body Economic Approach The economic theory of contract is based off of rationality, whereby both parties who entered into the contract perceived themselves as benefiting from the contract. Thus it can be said that the doctrine of unconscionability is based from a utilitarian perspective, whereby the ‘enforcement [of interests in a contract]Show MoreRelatedIncreasing Prevalence Of Class Action Waivers1166 Words   |  5 Pagesfirst challenge towards them, as explained below, involved the California state contract law doctrine of unconscionability. 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