unconscionable advantage

unconscionable advantage
See taking unconscionable advantage.

Ballentine's law dictionary. . 1998.

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  • taking-unconscionable advantage — Taking advantage of the condition, circumstances, or necessities of the other party in making a contract with him that no honest man would accept and that no sane person in the position of tire other patty would make. 37 Am J2d Fraud § 23 …   Ballentine's law dictionary

  • unconscionable — un·con·scio·na·ble /ˌən kän chə nə bəl/ adj: unreasonably unfair to one party, marked by oppression, or otherwise unacceptably offensive to public policy an unconscionable clause finds the contract...to have been unconscionable at the time it was …   Law dictionary

  • overreaching — over·reach·ing n 1: conduct that exceeds established limits (as of authority or due process) claimed that overreaching by the prosecution barred a retrial because of double jeopardy 2: the gaining of an unconscionable advantage over another esp.… …   Law dictionary

  • fraud — fraudful, adj. fraudfully, adv. /frawd/, n. 1. deceit, trickery, sharp practice, or breach of confidence, perpetrated for profit or to gain some unfair or dishonest advantage. 2. a particular instance of such deceit or trickery: mail fraud;… …   Universalium

  • good faith — is an intangible and abstract quality with no technical meaning or statutory definition, and it encompasses, among other things, an honest belief, the absence of malice and the absence of design to defraud or to seek an unconscionable advantage,… …   Black's law dictionary

  • good faith — is an intangible and abstract quality with no technical meaning or statutory definition, and it encompasses, among other things, an honest belief, the absence of malice and the absence of design to defraud or to seek an unconscionable advantage,… …   Black's law dictionary

  • defraud — To commit acts, omissions or concealments, which involve a breach of legal or equitable duty, trust, or confidence justly reposed, and are injurious to another, or by which an undue and unconscionable advantage is taken of another. Petrovitzky v… …   Ballentine's law dictionary

  • fraud in equity — A conception of fraud which includes whatever amounts to actionable fraud in law and other acts, transactions, and circumstances, wherein it appears that one person has obtained an unconscionable advantage over another, from which equity… …   Ballentine's law dictionary

  • catching bargain — unconscionable bargain An unfair contract, often one in which one party has been taken advantage of by the other. Such a contract may be set aside or modified by a court …   Big dictionary of business and management

  • Unconscionability — (also known as Unconscientious dealings) is a term used in contract law to describe a defense against the enforcement of a contract based on the presence of terms unfair to one party. Typically, such a contract is held to be unenforceable because …   Wikipedia

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