Utah Substantive Unconscionably is a legal doctrine that bars enforcement of a contractual provision if it is so one-sided or oppressive that it shocks the conscience. It is a type of legal defense that can be used to challenge the enforceability of a contract, and may be used to argue that a contract is void or unenforceable. There are two types of Substantive Unconscionably recognized in Utah: Procedural and Substantive. Procedural Unconscionably involves the manner in which the contract was formed and focuses on whether the parties had a fair opportunity to understand the terms of the contract before signing. Substantive Unconscionably focuses on the terms of the contract and whether they are so one-sided or oppressive that they should not be enforced. Under Utah law, a contract can be found to be substantively unconscionable if the terms are too unfair to be enforced or if the contract imposes obligations that are so onerous as to be oppressive and unconscionable.
Utah Substantive Unconscionably is a legal doctrine that bars enforcement of a contractual provision if it is so one-sided or oppressive that it shocks the conscience. It is a type of legal defense that can be used to challenge the enforceability of a contract, and may be used to argue that a contract is void or unenforceable. There are two types of Substantive Unconscionably recognized in Utah: Procedural and Substantive. Procedural Unconscionably involves the manner in which the contract was formed and focuses on whether the parties had a fair opportunity to understand the terms of the contract before signing. Substantive Unconscionably focuses on the terms of the contract and whether they are so one-sided or oppressive that they should not be enforced. Under Utah law, a contract can be found to be substantively unconscionable if the terms are too unfair to be enforced or if the contract imposes obligations that are so onerous as to be oppressive and unconscionable.
