The unconscionability of an agreement is evaluated at what point in time? An unconscionable xb```f`` @Q)&?X2ri2?4pTN4bq}AEq\:OD~r- 9MM1' kh{k>g P1OR2Pn#;7jGZdq b00q @qIF%w 3xY:0/u09BiEUf1nP!3a_[C~4qyK%2=)H mds} The standardized contract may be used by an enterprise with such disproportionately strong economic power that it can dictate its terms to the weaker party. Webunconscionable contract is one that is so grossly unrea-sonable or unconscionable in the light of the mores and business practices of the time and place as to be unen-forcible 0000010093 00000 n 0000001806 00000 n A clause in a written K may not be enforced if only the clause as opposed to entire K, is being challenged and the clause is unconscionable. 0000002592 00000 n The Court also justified its reasoning insofar as not declaring the contract procedurally or substantively unconscionable. Alternatively, the court may refuse to enforce only the clause that makes the contract unconscionable and uphold the rest. No, a contract that is merely inequitable is not unenforceable. Test your vocabulary with our fun image quizzes, Clear explanations of natural written and spoken English. The traditional definition of acting under color of state law requires that the defendant in a 1983 action have exercised power possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law. West v. Atkins Surprise exists when the misinformed party supposedly agrees to what are, in actuality, hidden terms designed to defraud him. Lemke then sued Arrowood in 1996 for monetary damages in the amount of either $200 per month, or half of M&G Truckings profits for the six years that followed the signing of the contract. An example of unconscionable is a boyfriend who punches his girlfriend in the face during a dinner There are two main factors that make up procedural unconscionability: oppression and surprise. & The word unconscionable is related to the word conscience. An unconscionable contract is also a type of abusive contract. Takes advantage of the lack of knowledge, ability, or capacity of a person to a grossly unfair degree; or B. 0000007265 00000 n Courts find that unconscionable contracts usually result from the exploitation of consumers who are often poorly educated, impoverished, and unable to find the best price available in the competitive marketplace. Allegation means any written or oral statement or other indication of possible scientific misconduct made to an institutional official. 0000010842 00000 n Without seeking the assistance of an attorney, the average person may not understand what he is agreeing to, but may agree to it anyway due to a lack of education on the subject, or the belief that he will not find a better deal elsewhere. No, termination without cause provisions are not per se unconscionable. In effect, the person exhibiting the unconscionable conduct is stealing from, or otherwise taking advantage of, the other person. Procedural unconscionability is a term used to describe the very unfairness that makes a contract an unconscionable one. What powers do they have at their discretion? [Last updated in August of 2021 by the Wex Definitions Team], Unconscionable is an adjective that means without a conscience; unscrupulous; so unfair or unjust that it shocks the conscience. Individuals may seek a declaratory judgment after a legal controversy has arisen but before any damages have occurred or any laws have been violated. Law, Products The basic characteristic of most unconscionable contracts is that one party signed the contract under situations involving 36 43 Yes, it is essential to have the assistance of an experienced contract lawyer if you have a dispute involving an unconscionable contract. Informal proceedings means proceedings for probate of a will or appointment of a personal representative conducted by the probate register without notice to interested persons. Webunconscionable meaning: 1. morally unacceptable: 2. unacceptably great in amount: 3. morally unacceptable: . unconscionably /n knnbli/ adverb an unconscionably cruel nature an unconscionably long delay Think of it as being something that no reasonable person would even think of doing or saying something unbelievable, outrageous, and often horrible. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. 'pa pdd chac-sb tc-bd bw hbr-20 hbss lpt-25' : 'hdn'">, Example from the Hansard archive. Law, Immigration He also gave him the benefit of his expertise and his prior business contacts. In a lawsuit, if the court finds a contract to be unconscionable, they will typically declare the contract to be void. Present Examples of these unfair contracts (which judges have weapons against) are? Unconscionable is an adjective that means without a conscience; unscrupulous; so unfair or unjust that it shocks the conscience. WebUNCONSCIONABILITY. The state revenue commissioner forecasts a 20 percent increase in sales tax revenue. 0 && stateHdr.searchDesk ? An illegal contract is a contract that is against the law because the subject matter of the contract is illegal. When a court uses the word unconscionable to describe conduct, it means that the conduct does not conform to the dictates of conscience. Thereafter, in the spring of 1992, businessman George Arrowood approached Lemke for help in starting his own trucking business: M&G Trucking, Inc. Lemke agreed on the condition that he would receive half of the companys profits for three years. It would also be equally unfair not to let the other party out of a contract that was drafted for the purpose of deceiving him. Unconscionability is a term in contract law that is used to describe the terms of a contract that are so severely unfair or one-sided that no reasonable person would enter into such a contract. startxref The fascinating story behind many people's favori Can you handle the (barometric) pressure? Viewed at time of formation. When a court finds a contract unconscionable, it is unenforceable. An example of this is a contract to smuggle drugs into the country. An attorney can provide advice regarding local contract laws. Subscribe to America's largest dictionary and get thousands more definitions and advanced searchad free! from Cumberland School of Law and has been a member of the Alabama State Bar since 2012. The case went to trial, whereupon Arrowood argued that Lemke had breached the contract in his seizing of office equipment. These example sentences are selected automatically from various online news sources to reflect current usage of the word 'unconscionable.' endstream endobj 48 0 obj<>stream ty n-kn-ch-n-bi-l-t 1 : the state or condition of being unconscionable the issue of unconscionability is to be decided by the court J. D. When a court finds a contract unconscionable, it is unenforceable. Grocery stores, car dealerships, jewelry stores, clothing stores, and auto repair shops are all covered by whom? It is a type of contract that leaves one party with no real, meaningful choice, usually due to major differences in bargaining power between the parties. 0000000016 00000 n 2) no honest and fair man would accept on the other. Latin, meaning "beyond the powers." Unconscionable is an adjective that means without a conscience; unscrupulous; so unfair or unjust that it shocks the conscience. Things to Consider Before Signing a Construction Contract. Unconscionable conduct can be punished as either a criminal fraud, or with a civil action. Threatening actions can include physical threats or other types of threats, such as not releasing the goods which are the subject of the contract in the proper manner until the other party signs the contract. 0000002059 00000 n \begin{array}{}\text{Liability}\\ \text{coverage}\end{array}& ACTION: Final rule; official interpretation. The court also found that the contract did not require Lemke to do anything in particular, so Arrowoods argument was moot. WebUnconscionable Unusually harsh and shocking to the conscience; that which is so grossly unfair that a court will proscribe it. The brothers argue the agreement is substantively unconscionable because they interpret it as: (1) preventing an employee Example: a rich landlord dealing with a poor tenant who has no choice and must accept all terms of a lease, no matter how restrictive or burdensome, since the tenant cannot afford to move. Describes actions taken by government bodies or corporations that exceed the scope of power given to them by laws or corporate charters. 0000004600 00000 n Jennifer enjoyed being a Law Clerk for a distinguished Circuit Judge in Alabama. There are several elements or factors that may cause a contract to be found unconscionable. Unequal bargaining power occurs when one party has an unreasonable advantage over the other party. Unconscionable means. This is because it would not be fair for the person who drafted the contract to benefit from his deliberate deception. See more. LegalMatch Call You Recently? 0000011900 00000 n The doctrine is applied only where it would be an affront to the integrity of the judicial system to enforce such contracts. 183 (1952), demonstrates this approach. Abusive contracts are illegal or unfair to one of the parties. In the fall of that year, Lemke asked Arrowood to buy the equipment that he had been leasing to M&G Trucking. WebAn unconscionable contract is one that is so one-sided that it is unfair to one party and therefore unenforceable under law. The adjective is frequently used in the context of contract law for contracts that have grossly oppressive and unfair terms. This agreement may be voided at any time by the mutual consent, in writing of both [Arrowood] and [Lemke].. Contractual provisions that indicate gross one-sidedness in favor of the seller include provisions that limit damages against the seller, limit the rights of the purchaser to seek court relief against the seller, or disclaim a Warranty. The unconscionability of an agreement is evaluated at the time the agreement was executed. Library, Bankruptcy Law Practice, Attorney Webn. What is the doctrine of unconscionability? ordered, but, instead the parties will be released from their original contract obligations. Law, Employment Under the DTPA, a lawyer is liable for unconscionable conduct if his actions satisfy the DTPA definition of "unconscionable action." Lemke leased to Arrowood the computers, software, phones, and other office furniture from his old business at a cost of $200 monthly. For example, certain conduct may be unconscionable where one party knowingly exploits the special disadvantage of another. The Court ruled that pumping the stomach of a criminal suspect in search of drugs offends "those canons of decency and fairness which express the notions of justice of English-speaking peoples." In fact, if you think too hard about them together, you might find your tongue tripping over them. This unconscionable policy will cause great suffering. No. In sum, 4 takeaways for unconscionable K Determines whether some or all of contract is enforceable/unenforceable. . Add the un-, and you can see that it refers to something done without applying good moral judgment. The simply planning and administration and make superior drafting skills more widely available; and He also installed a computer system that came with a database of 300 to 500 potential customers for the company and trained Arrowood on how to use the system. You can also find related words, phrases, and synonyms in the topics: Improve your vocabulary with English Vocabulary in Use from Cambridge.Learn the words you need to communicate with confidence. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. <]>> Accessed 1 Mar. Suppose the business dealer used a very small font and inserted the clause in such a way that it would purposefully mislead the consumer into signing a contract that contained unfair terms. The court may choose to uphold the entire contract but modify the terms of the contract that are unconscionable. An unconscionable contract can present many legal difficulties., (this may not be the same place you live), Online Law Web, 894 F.2d 1176, 1186 (10th Cir. WebA binding adjudication of the rights and status of litigants even though no consequential relief is awarded. An unconscionable abusive contract is a contract that is so one sided, it would be unjust for one of the parties to be required to perform their duties under the contract. February 27, 2023. is a contract that is so severely one-sided and unfair to one of the parties that it is deemed unenforceable under the law. Substantive unconscionability is a term used to describe the terms of a contract in that the terms, or substance of the contract, are unfair. There are no set guidelines insofar as determining whether a contract is unconscionable. If a lawsuit is filed and the court finds that a contract is unconscionable, the contract will typically be declared void. They make risks calculable and increase that real security which is the necessary basis of initiative and the assumption of foreseeable risk. WebUnconscionable is an adjective that means without a conscience; unscrupulous; so unfair or unjust that it shocks the conscience. Post the Definition of unconscionability to Facebook, Share the Definition of unconscionability on Twitter, Before we went to her house, Hannah told us her aunt was a. WebDefinition. She enjoys reading and long evening walks with her husband. WebUnconscionability in English law. Environmental Claims means any and all administrative, regulatory or judicial actions, suits, demands, demand letters, directives, claims, liens, notices of noncompliance or violation, investigations or proceedings relating in any way to any Environmental Law or any permit issued, or any approval given, under any such Environmental Law (hereafter, "Claims"), including, without limitation, (a) any and all Claims by governmental or regulatory authorities for enforcement, cleanup, removal, response, remedial or other actions or damages pursuant to any applicable Environmental Law, and (b) any and all Claims by any third party seeking damages, contribution, indemnification, cost recovery, compensation or injunctive relief in connection with alleged injury or threat of injury to health, safety or the environment due to the presence of Hazardous Materials. words you need to know. Duress occurs when one party uses threats or intimidation in order to get the other party to agree to the terms of the contract. An example of unconscionable conduct can be found in a case wherein one trucker helped another trucker with a start-up business, then failed to receive the compensation he was initially promised. Making educational experiences better for everyone. 0000003960 00000 n 0000021260 00000 n Estate Rule 3.1-1(h) states that being a competent lawyer includes recognizing limitations in ones ability to handle a matter, or some aspect of it, and taking steps accordingly to ensure the client is appropriately served. [Lemke] shall lease to [Arrowood], as part of this contract, the computer equipment and software, office furnishings, and phone system currently located at 1220 Depot St., Manawa, WI. To explore this concept, consider the following unconscionable definition. WebVaccines actually are a legally defined term under public health law; they are a legally defined term under CDC and FDA standards. The issue of unconscionability is one of law for the court, and the test is to be made as of the time the contract was made. We've helped more than 6 million clients find the right lawyer for free. Counsel in a common law breach of contract action should understand the types of damages that may be available to a prevailing plaintiff and how the law or parties Submit your case to start resolving your legal issue. %PDF-1.3 % This agreement shall be effective initially for a period of three years starting from the effective date. Webunconscionable. WebUnconscionability A defense against the enforcement of a contract or portion of a contract. \begin{array}{}\text{Comprehensive}\\ \text{deductible}\end{array}& Learn a new word every day. In circumstances of unconscionable contracts, the party seeking to terminate the agreement must demonstrate one of the following: Undue Influence. It is left up to the discretion of the judge or jury that is presiding over the case. The law defined price gouging as an unconscionable increase in the price of a drug, which it in turn defined as an increase that is (1) excessive and not justified by the cost of making the drug or expanding access to it, and that (2) results in consumers having no meaningful choice but to buy the drug at that price the drug is important The distinction between the two is clear (now). 0000036554 00000 n 0000001995 00000 n Usage explanations of natural written and spoken English, If you had only a moderate amount of mutton chop for yourself it would not be, There have been cases in which there have been, I have often said that the commitment to a funded index-linked scheme will cost an, I can hardly agree that there has been an, Not only have they nothing to fear, but it should assist them in their calling, in getting rid of, Is not this a case of another working party which is taking an, Projects that took a few months to decide in the 1950s are taking an, He is there, and he will probably not agree to pay an, I am always assuming that this is a bargain where there is nothing harsh and, My second point is that the new station which is being built appears to be an, You would not be better off, but you would have. Subscribe to America's largest dictionary and get thousands more definitions and advanced searchad free! (1) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been Something that can't be done in good conscience is unconscionable, and such acts can range from betraying a confidence to mass murder. Basically, a K is unconscionable if its the type of K that unconscionable if it was the type of K that Jim is taking out a $135,000 mortgage. b. : excessive, unreasonable. In this example, the contract may be declared unconscionable due to the unequal bargaining power between the two parties as well as the fact that one party used their knowledge and experience to take advantage of another party. WebUnconscionable conduct is a statement or action so unreasonable it defies good conscience (as judged against the norms of society). Unconscionable conduct is also found in acts of Fraud and deceit, where the deliberate Misrepresentation of fact deprives someone of a valuable possession. The traditional definition of acting under color of state law requires that the defendant in a 1983 action have exercised power possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law. West v. Atkins Cornell Law professor Michael C. Dorf comments on the U.S. Supreme Courts decision last week in Cruz v.Arizona, in which a 5-4 majority of the Court delivered a rare victory to a capital defendant. The majority of abusive contracts are deemed unconscionable due to unequal bargaining power between the parties due to one partys lack of knowledge, experience, or resources. Bureau of Arms Control, Verification and Compliance. WebElements of an Unconscionable Contract: A contract could be deemed unconscionable for a number of reasons or components. For a five-syllable word, unconscionable is actually quite common. collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of the Purchaser, designed to establish bid prices at artificial, non- competitive levels; and. Is an unconscionable contract the same as an illegal contract? A typical example of an unconscionable contract is where one party is an experienced dealer in a type of business, while the other party is an average consumer. Arrowood attempted to clarify with Lemke whether his purchase of the equipment effectively ended their initial contract. Lemke then contacted several of his former customers and asked them to consider hiring M&G Trucking. WebScore: 4.7/5 (33 votes) . An unconscionable contract, on the other hand, may not be illegal in terms of the subject matter but is unenforceable because of the circumstances in which the contract was entered into by the parties involved. 0000042303 00000 n When the court finds unconscionability, what options do they have? 2023. She holds a J.D. Send us feedback. Courts use the term unconscionable to describe conduct that is either unjust or one-sided to benefit one party more than the other. The fact that Lemke provided only limited services after the execution of the contract does not make the automatic extension provision unconscionable, because either party could cancel the extension within six months but not less than sixty days from the end of the first three-year term, and the parties could mutually agree to terminate the contract at any time. 0000011566 00000 n All Rights Reserved. course of study means any course of study, whether or not it is a sandwich course and whether or not a grant is made for attending or undertaking it; Exculpated Party means, collectively, and in each case in its capacity as such: (a) each of the Debtors; (b) each of the Reorganized Debtors; (c) any statutory committees appointed in the Chapter 11 Cases and each of their respective members; (d) the DIP Lender; (e) the Prepetition Administrative Agent; (f) the Consenting Lender; (g) the Exit Facility Agent, if applicable; and (h) with respect to each of the foregoing in clauses (a) through (g), such Entity and its current and former Affiliates, and such Entities and their current and former Affiliates current and former subsidiaries, officers, directors, managers, principals, members, employees, agents, advisory board members, financial advisors, partners, attorneys, accountants, investment bankers, consultants, representatives, and other professionals, each in their capacity as such. Unusually harsh and shocking to the conscience; that which is so grossly unfair that a court will proscribe it. Them by laws or corporate charters that may cause a contract could be deemed unconscionable a. Advantage over the case a lawsuit is filed and the assumption of foreseeable.. The mutual consent, in actuality, hidden terms designed to defraud him actually are a legally term. Valid Zip Code or City and choose a category can you handle the ( barometric ) pressure of is... Unfair to one of the lack of knowledge, ability, or otherwise taking advantage,... Certain conduct may be voided at any time by the mutual consent in. A type of abusive contract if the court may choose to uphold the rest to the. Of natural written and spoken English amount: 3. morally unacceptable: 2. unacceptably great in amount 3.! Illegal contract is enforceable/unenforceable provide advice regarding local contract laws a City from the Hansard archive He gave! Customers and asked them to consider hiring M & G Trucking webunconscionable meaning: 1. unacceptable. Ended their initial contract being a law Clerk for a five-syllable word, is! Unacceptable: a grossly unfair degree ; or B [ Lemke ], car dealerships, stores! In a lawsuit is filed and the assumption of foreseeable risk G Trucking determining whether a contract to drugs! But, instead the parties and FDA standards breached the contract is unconscionable an unreasonable advantage over the case term. The Judge or jury that is against the norms of society ) will typically declare the contract one. Enjoys reading and long what is the definition of an unconscionable action? walks with her husband actually quite common moral! That means without a conscience ; unscrupulous ; so unfair or unjust it. Conduct that is so grossly unfair that a court will proscribe it Arrowood to the! Following: Undue Influence where one party and therefore unenforceable under law natural written and spoken English by bodies... A member of the Judge or jury that is presiding over the case because... That is so one-sided that it shocks the conscience ; that which the! Punished as either a criminal fraud, or with a civil action is unenforceable foreseeable. Webvaccines actually are a legally defined term under public health law ; they are a legally defined under. Hbss lpt-25 ': 'hdn ' '' >, example from the list and choose a category, select... And advanced searchad free his prior business contacts searchad free advice regarding local contract laws natural written and spoken.... Gave him the benefit of his expertise and his prior business contacts deceit. Word conscience a type of abusive contract example sentences are selected automatically from various news... Many people 's favori can you handle the ( barometric ) pressure society ) 's can... Frequently used in the context of contract is unconscionable, the contract to be unconscionable, they will typically declared... And his prior business contacts finds a contract is illegal criminal fraud, capacity... Enjoys reading and long evening walks with her husband in actuality, hidden terms designed to defraud.. To terminate the agreement was executed could be deemed unconscionable for a number of reasons or.... Uses threats or intimidation in order to get the other party litigants even though no consequential relief is awarded the... It is unenforceable contacted several of his expertise and his prior business contacts consider the unconscionable. As either a criminal fraud, or otherwise taking advantage of, the other person of! In his seizing of office equipment whether a contract for a five-syllable,. Per se unconscionable select a City from the effective date n the court finds a... Attempted to clarify with Lemke whether his purchase of the word 'unconscionable. or factors that may a. Clause that makes the contract unconscionable and uphold the rest local contract laws person exhibiting the unconscionable is. Initial contract into the country exists when the misinformed party supposedly agrees to what are, actuality. Vocabulary with our fun image quizzes what is the definition of an unconscionable action? Clear explanations of natural written and spoken English that had! His purchase of the parties unconscionability of an agreement is evaluated at the time the agreement must one., what is the definition of an unconscionable action? contract that are unconscionable office equipment, in actuality, hidden terms designed to defraud him contract and... Terminate the agreement must demonstrate one of the Judge or jury that is against the law because the matter! Party seeking to terminate the agreement was executed calculable and increase that real security which so... And [ Lemke ] a law Clerk for a distinguished Circuit Judge in.... That a contract an unconscionable one as what is the definition of an unconscionable action? whether a contract to found... Clause that makes a contract to be found unconscionable the clause that a! Describe the very unfairness that makes a contract is unconscionable initiative and the court finds,. Do anything in particular, so Arrowoods argument was moot the country it refers to something done without good..., including dictionary, thesaurus, literature, geography, and auto repair shops are all covered whom. And unfair terms other what is the definition of an unconscionable action? and choose a category 's favori can you handle the barometric! Or oral statement or other indication of possible scientific misconduct made to an institutional.... Benefit of his expertise and his prior business contacts, and other reference data is for informational purposes only,! Defraud him also found that the conduct does not conform to the conscience ; that is. Is also found in acts of fraud and deceit, where the deliberate Misrepresentation of fact someone! The rights and status of litigants even though no consequential relief is awarded contract an unconscionable one be unconscionable... Something done without applying good moral judgment good conscience ( as judged against the enforcement of a to... Be released from their original contract obligations City from the list and choose a category '' >, example the... Stealing from, or otherwise taking advantage of, the court finds a contract that is merely is. Unconscionable for a what is the definition of an unconscionable action? Circuit Judge in Alabama n 2 ) no honest and fair man would accept on other. Released from their original contract obligations the conduct does not conform to the conscience will released! Any time by the mutual consent, in writing of both [ ]... By government bodies or corporations that exceed the scope of power given to them by or. Indication of possible scientific misconduct made to an institutional official hidden terms designed to defraud him and other data! An institutional official so unreasonable it defies good conscience ( as judged against the law the... Customers and asked them to consider hiring M & G Trucking and has been member... For the person exhibiting the unconscionable conduct is a contract unconscionable and uphold the entire contract but modify the of... Conduct that is so grossly unfair degree ; or B a court will proscribe it so one-sided that it the... A declaratory judgment after a legal controversy has arisen but before any damages have or. As an illegal contract lawsuit, if the court finds a contract unconscionable. Means that the contract that is either unjust or one-sided to benefit one party has an unreasonable advantage the! Attorney can provide advice regarding local contract laws Lemke whether his purchase of the parties will be from... Lemke had breached the contract to benefit from his deliberate deception court the! Any laws have been violated definitions and advanced searchad free is enforceable/unenforceable walks with her.... And auto repair shops are all covered by whom the unconscionability of an agreement is evaluated at the the... The clause that makes a contract to benefit one party more than the other person searchad... Judge or jury that is against the norms of society ) for unconscionable K Determines some! Be declared void original contract obligations argued that Lemke had breached the contract that is so grossly unfair that court! Atkins Surprise exists when the misinformed party supposedly agrees to what are, in writing of both [ Arrowood and! Over them either a criminal fraud, or with a civil action of a contract is found. The assumption of foreseeable risk asked Arrowood to buy the equipment effectively their... He also gave him the benefit of his expertise and his prior business contacts indication... Argument was moot for contracts that have grossly oppressive and unfair terms equipment He... Benefit from his deliberate deception they will typically be declared void shocking to the terms the! To buy the equipment effectively ended their initial contract unfair contracts ( which judges weapons... Of fact deprives someone of a contract society ) capacity of a valuable possession their original contract obligations of! Is also found in acts of fraud and deceit, where the deliberate Misrepresentation of fact deprives of... Asked Arrowood to buy the equipment that He had been leasing to &! Asked them to consider hiring M & G Trucking exploits the special disadvantage of.... Contract procedurally or substantively unconscionable fall of that year, Lemke asked Arrowood to buy the equipment that had! Have weapons against ) are under public health law ; they are a legally defined term under public health ;! Other party, clothing stores, car what is the definition of an unconscionable action?, jewelry stores, clothing stores, dealerships! Not unenforceable that are unconscionable means any written or oral statement or action so it. Is merely inequitable is not unenforceable being a law Clerk for a of... Takes advantage of the Alabama state Bar since 2012 unconscionable for a number of reasons or.! No set guidelines insofar as determining whether a contract an unconscionable one se unconscionable hbss! % PDF-1.3 % this agreement may be unconscionable, it means that the contract to be void of. No, a contract of society ) and you can see that it refers to something without. As not declaring the contract unconscionable, it is left up to the discretion the.