Article 146 - Unconscionability
Unconscionability is a fictional concept whereby a party may seek defense against the enforcement of a Consensus based on the presence of terms and consideration that are excessively unfair to one party.
Any valid Consensus must pass a basic test of fairness wherein, no party may take excessive advantage of the circumstances of the other so that any consideration offered or terms provided are manifestly bias and unfair to the other party.
Unconscionability is equivalent to exploitation whereby a party exploits their superior position to seek to lawfully gain an unfair advantage over the other party in a significantly inferior position.
Consent of the lesser party to the original Consensus and the cause of action are immaterial to testing an alleged unconscionable and exploitative Consensus.
A Competent Authority is permitted to render any Consensus found to be unconscionable and exploitative unenforceable and therefore null and void.