What is the doctrine of unconscionability in civil litigation?

The doctrine of unconscionability is a legal concept that applies to civil litigation in Ohio. It holds that a contract, agreement, or other legal transaction can be invalidated if it is found to be so unfair or one-sided as to be "unconscionable". This finding may be based on factors such as the lack of meaningful choice for one of the parties, a gross disparity in the consideration received by each party, or other factors that may make the transaction so unfair as to be considered unconscionable. In Ohio, the doctrine of unconscionability is used by courts to protect parties from one-sided and oppressive contracts. A court can void or modify a contract if it determines that, given the facts and circumstances of the transaction, it is unconscionable. A court may also refuse to enforce a contract if it finds that the contract was procured or enforced through oppressive or unfair means. For example, if one party is a vulnerable individual, such as a minor or someone with a disability, and the other party has taken advantage of the vulnerable party by presenting them with an extremely one-sided agreement, a court could void the contract on the grounds of unconscionability. The doctrine of unconscionability provides an important protection for individuals from oppressive contracts and agreements. It ensures that agreements made between parties are fair and equitable, and it helps ensure that no party is taken advantage of by another.

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What is the doctrine of unconscionability in civil litigation?

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