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you are here: > Canonum De Ius Positivum
> Article 146
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IV. Consensus |
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| 4.5 Consensus Dispute and Extinction | ||
| Article 146-Unconscionability | ||
| Canon 2416 | ||
| 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. | ||
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| Canon 2417 | ||
| 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. | ||
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| Canon 2418 | ||
| 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. | ||
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| Canon 2419 | ||
| Consent of the lesser party to the original Consensus and the cause of action are immaterial to testing an alleged unconscionable and exploitative Consensus. | ||
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| Canon 2420 | ||
| A Competent Authority is permitted to render any Consensus found to be unconscionable and exploitative unenforceable and therefore null and void. | ||
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