Abstract
This chapter considers the law on unconscionability and inequality of bargaining power. English law has traditionally been cautious about wholeheartedly adopting such sweeping principles as ‘unconscionability’, preferring instead to avoid unfair outcomes through particular doctrines (for example, misrepresentation, duress, and undue influence). Some contracts may be set aside if they are considered to be an ‘unconscionable bargain’, i.e. if the claimant is ‘poor and ignorant’, the terms of the contract are substantially disadvantageous to the claimant, and the claimant had no independent advice. There is no general principle in English law that a contract can be set aside due to inequality of bargaining power.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
