While the doctrine of unconscionability has evolved it has been playing catch up with the demands of consumers.
Authors
Dharmita Prasad, Associate Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Pallavi Mishra, Symbiosis International (Deemed) University, Pune, India.
Summary
Adhesion contracts have a strong likelihood of being unconscionable. The laws and principles are further complicated by the introduction of electronic contracts, specifically electronic consumer contracts.
The paper touches upon the duty to read doctrine in contracts and electronic contracts. While the doctrine of unconscionability has evolved it has been playing catch up with the demands of consumers.
This paper compares the application of this doctrine in the United States (US), the United Kingdom (UK), and India. The paper also proposes recommendations for consumers and the development of laws.
Published in: Liverpool Law Review
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