Derived from the Latin word "conscientia," meaning "conscience."
"Conscientia" comes from the root words "com-" (with) and "scientia" (knowledge).
Meaning:
According to Merriam-Webster Dictionary:
"Conformable to conscience; justifiable"
"Agreeable to the principles of right and justice"
In law, it refers to a contract or agreement that is so unfair or one-sided that it is unenforceable in court.
Origin:
First used in English in the 15th century.
The term became particularly prominent in contract law in the 19th century.
The concept of unconscionability emerged as courts sought to prevent the enforcement of agreements that were so grossly unfair they violated principles of equity.
Examples of Unconscionable Contracts:
A contract where one party has a vastly superior bargaining position and forces the other party to accept terms that are extremely unfavorable.
A contract that includes hidden fees or terms not disclosed to the consumer.
A contract that is written in such a way that one party has no reasonable understanding of their rights and obligations.