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7 Indian J.L. & Just. 231 (2016)
Unconscionable Contracts: A Critical Analysis of Indian Legal System

handle is hein.journals/ijlj7 and id is 426 raw text is: NOTES AND COMMENTS UNCONSCIONABLE CONTRACTS: A CRITICAL ANALYSIS OF INDIAN LEGAL SYSTEM Unconscionable terms of the contract are those contracts in which, one party is strong and other party is weak but it do not come into purview of any of the terms and conditions mentioned in the Indian Contract Act, 1872.Thus courts have taken resort to different statutes to interpret the unconscionability in different forms of the statutes, to make the condition justifiable towards the weaker society. The paper have the insights how the unconscionable terms in the contracts are dealt with in India in absence of the explicit provisions relating to it and also how the protection is given by the Indian courts in such cases. The Unconscionable contract are those contracts, which no man in his senses and not under delusion, would make on the one hand, and which no fair and honest man would accept on the other. If a contract or term thereof is unconscionable at the time the contract is made a court may refuse to enforce the contract, or may enforce the remainder of the contract without the unconscionable term, or may so limit the application of any unconscionable term as to avoid any unconscionable result. If a contract or term thereof is unconscionable at the time the contract is made a court may refuse to enforce the contract, or may enforce the remainder of the contract without the unconscionable term, or may so limit the application of any unconscionable term as to avoid any unconscionable result.' The Unconscionable contract are those 'UNCONSCIONABLE CONTRACT OR TERM Available at: http://www.lexinter.net/LOTWVers4/unconscionable contract or tenn.htm (Accessed: 10 November 2015 1:00 PM). 231

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