Definition of unconscionable

The word "unconscionable" has its roots in the legal sphere, where it describes an action that is so flagrantly immoral, unreasonable, or against the law that it violates the basic principles of good faith and fair dealing. The origin of the term can be traced back to the medieval Latin word "conscientia," which means conscience, or the sense of right and wrong that guides an individual's actions. In legal contexts, the term "conscion" was used to describe a contract that was able to gain a presumption of fairness and reasonableness due to it being drafted in good faith between two parties that had an equal bargaining power. However, this presumption could be rebutted if a court determined that a party, because of their superior bargaining power or other factors, had taken undue advantage of the other party, leading to an otherwise "unprepared" person agreeing to terms that were oppressive or excessive. Over time, the term "unconscionable" came to be used more broadly in various legal contexts, such as to denote an action that was repugnant to morality, public policy, or basic notions of fairness and justice. Today, the word is commonly used in legal, business, and other professional contexts to describe a situation or action that is grossly unfair, unreasonable, or immoral, whether in contract drafting, negotiation, business dealings or other settings.