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19:15 Sep 11, 2011
English to Polish translations [PRO] Law/Patents - Law (general) / Prawo
English term or phrase:unconscionability theory
Finally, there seems to be an agreement that when a company tries to impose on its customers a clause that would preclude the use of class actions in any forum, it may be expected that such clause would be deemed unenforceable by the courts in most cases, either on the basis of unconscionability theory or because it contravens the terms, legislative history or purpose of a specific statute...
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 that are excessively unfair to one party. - http://en.wikipedia.org/wiki/Unconscionability