Ft. Washington, MD asked in Civil Litigation and Contracts for Maryland

Q: How is the Doctrine of Unconscionability applied?

Can the Doctrine of Unconscionability only be used for issues relating to the contract itself or can it also be presented for issues beyond the contract? For instance, if the person can prove that s/he is the subject of harassment and harm and cannot fulfill contract obligations, can s/he present the doctrine of unconscionability as to prevent the enforcement of a contract? (not involving commercial goods)

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: No, unless the claims are directed at the other party to the contract, whose harassing actions directly interfered with or resulted in the harassed party being unable to perform their obligations under the contract. But the defense in that scenario is not "unconcionability" but a claim of breach of contract by the other party by intentional interference or prevention of performance. Unconscionability only aplies to the contract itself: the tems or subject matter of the contract are so unconscionable that a court will not enfrce its terms. The fact that some other issue is going on in your life outside of the contract itself that causes you to fail to perform its terms is not an excuse or defense.

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