Florida Contracts and the Defense of Unconscionability

What is the defense of unconscionability? What is the difference between substantive unconscionability and procedural unconscionability? What should Florida probate lawyers know about unconscionability? When could this defense be raised in your Florida probate case or Palm Beach contract dispute? You may want to read a Florida Fourth DCA opinion, AMS Staff Leasing Inc. v. Taylor. Although this is not a Florida probate matter, it is a Florida civil case that defines both procedural and substantive unconscionability. 

Here, the court explains that “procedural unconscionability relates to the manner in which the contract was made and involves issues such as the parties’ relative bargaining power and their ability to know and understand disputed contract terms.” On the other hand, substantive unconscionability “considers whether the contract terms themselves are so outrageously unfair as to shock judicial conscience.” The opinion further states that ” a substantively unconscionable agreement is one that no man in his senses and not under delusion would make on the one hand, and as no honest and fair man would accept on the other.” To read the entire opinion, click here.