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unconscionability addresses the issue of fairness in contractual relationships it relates to the formation of contracts or specific terms thereof that are deemed unconscionable or unfair the starting point is that ordinarily the courts will not inquire about the fairness of a contract and will not interfere with contractual agreements the principle of freedom of contract is paramount that is the parties to a contract should be free to negotiate whatever terms they deem beneficial for them without courts interfering and judging whether a fair bargain has been made however the doctrine of unconscionability permits contracts to be declared invalid if they are grossly unfair oppressive and one-sided we can distinguish between two aspects or types of unconscionability the first one is procedural unconscionability this involves the process of contract formation for example it could be unfair to hide important terms in fine print or to use confusing legal language it could also refer to unequ
