Courts won't help either party (e.g. gambling statues that prohibit wagering)
Violation of Public Policy
(e.g. covenants not to compete) Used in contracts for sale of a business and in employment contracts; upheld only if: (1) ancillary (not the main purpose of the contract); (2) necessary (to protect a legitimate business interest of the party protected by the covenant); (3) reasonable in terms of duration and geographic scope.
An agreement that "shocks the conscience" of the court (is it fair?)
*Primarily a consumer protection doctrine
*Originated under the UCC, has been extended to apply to certain common law consumer contracts also
Types of Unconscionable Contracts
*It is so unfair or unduly harsh that it is not enforceable (2 types: (1) Procedural Unconscionability [bargaining process]; (2) Substanative Unconscionability [contract terms])