Sentences with phrase «unconscionable if»

An agreement would be unconscionable if one spouse was unable to properly protect his / her own interests at the time of the agreement.

That's really interesting, Merrie - and even more unconscionable if they're blocking reviewers who didn't purchase the book on amazon.

Conduct may be unconscionable if it is particularly harsh or oppressive.

Not exact matches

And if Dyson finds its product really is spreading germs at an unconscionable rate, then it will be duty - bound to stop selling the product, though surely the restaurants and public buildings that are the company's main customers will make that choice for them.

But even if they agreed that in already industrialized countries with adequate productive capacity a shift toward regional self - sufficiency would be possible, they would be likely to argue that this withdrawal from the global market on the part of the wealthy nations would be unconscionable.

If the court determines that unconscionable conduct has occurred, a variety of remedies may be ordered including:

The Court declared that Coles engaged in unconscionable conduct in the implementation of its Active Retail Collaboration (ARC) program by making threats of the following consequences if suppliers declined to pay the ARC rebate:

«The ACCC will continue to take enforcement action if it considers that companies have engaged in unconscionable conduct, particularly in cases involving vulnerable consumers and where there have been other breaches of consumer protection provisions of the ACL.»

This site has been begging for the kids to arrive, even if it meant losses, unconscionable, unfathomable losses.

How unconscionable to split away what a child gets from what a child needs, as if that child had any say in being born into a family with more than two children already and relying on child tax credits to get by.

His spokesman Josh Vlasto said he hoped the reports of more limited investigation were just «rumors», but if true, it would be «unconscionable» for legislative appointees to block the investigation, and said the governor would appoint a special Moreland Act commission to launch its own probe.

If, however, you starve yourself, eat too little protein, and do an unconscionable amount of cardio, you're going to lose weight alright... but it's going to include quite a bit of muscle as well.

The class action suit, filed in Missouri, accuses Pfizer, Bayer, and Johnson & Johnson of using «unconscionable, unfair, deceptive, unethical and illegal» methods to get consumers to throw away their products when expiration date has passed, though the companies know «that if stored properly these medications can and do remain chemically stable, safe and effective long after those dates.»

And if there is chaos, it is caused by the board's unconscionable negligence.

Also, the ability to sell direct means that if a monopsony or monopoly * were * to come into existence, writers would still have the ability to reach their readers even if it offered unconscionable terms.

Risk of theft, fraud and unfair (or unconscionable) conduct, especially if the trader has asked for «security» such as the consumer's ATM card and Personal Identification Number (PIN) or other income - related security.

Talk to ASIC if consumers suspect unfair (or unconscionable) conduct or a breach of the National Credit Act.

A court can consider many factors when determining if an arrangement is unconscionable.

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt, even if the consumer truly owes the debt.

It is also possible that the Court would choose not to enforce a prenup if it is grossly unfair or unconscionable — something to keep in mind when you're writing it.

After reading the facts of this case, I wonder: if the fee agreement isn't unconscionable in this case, then does per se unconscionability even exist?

Alternatively, at any stage of the private prosecution, the conduct of the private prosecutor could be relied upon as the foundation for an abuse of process submission if the conduct causes unfairness or is unconscionable.

It will be held to be a penalty if the sum stipulated for is extravagant and unconscionable in amount in comparison with the greatest loss that could conceivably be proved to have followed from the breach.

- Nova Scotia's Matrimonial Property Act allows for non-enforcement of a prenuptial agreement if any term is «unconscionable, unduly harsh on one party or fraudulent.»

Now one thing to note is that courts have the power to enforce contracts; they also have the power to void contracts, in part or in full, if they are illegal or «unconscionable».

If there is no TOS allowing them to cancel and refund, that would be a unilateral mistake, i.e. their fault, so they would be held to the price unless the discrepancy is «unconscionable» (basically, unreasonable to assume that the advertise price is correct).

A lower standard is reserved for terms that limit spousal maintenance, which will be upheld if «fair and reasonable at the time of the making of the agreement and... not unconscionable at the time of the [divorce].»

Clickwraps (as litigated in Feldman v Google) were held to be legally enforcable means of a contract, if the contract is not judged to be unconscionable, and is judged to be enforceable.

For example, if the terms require that payment be received by the end of the day or the price will go up dramatically, but it's a banking holiday and it's impossible for the purchaser to get the funds, that term might be considered unconscionable depending on the context of the entire agreement.

If the exclusion clause applies, the second issue is whether the exclusion clause was unconscionable at the time the contract was made, «as might arise from situations of unequal bargaining power between the parties» (Hunter, at p. 462).

If a contract falls under the definition of unconscionable, it may not be legally valid.

The issue is important; if the LSUC is really interested in making the path easier for new entrants for the profession (as they say they are doing with the LPP) then this sort of fee is unconscionable.

«It's going to be very interesting to see if they have the resources and the automation can actually match what they're promising because processing times just became unconscionable — you can not keep families apart that long,» Bellissimo says.

Under California law, a contractual provision is unenforceable if it is both procedurally and substantively unconscionable.

If the contract is otherwise not in accordance with the law (i.e., if the contract is unconscionable or there has been a mistake or undue influenceIf the contract is otherwise not in accordance with the law (i.e., if the contract is unconscionable or there has been a mistake or undue influenceif the contract is unconscionable or there has been a mistake or undue influence.)

If so, when Peggy Salo received the deed of her property, she might have had enough actual notice of this interest to make it unconscionable for her to rely on her deed?

Parties can agree payment terms however they like: it is only unlawful if the terms are so onerous as to be unconscionable.

If the court deems the agreement to be unconscionable, the spouses will have to either revise the agreement or the court itself will make decisions regarding property division and spousal support.

In cases of marriages that are five years or less, a court may award a spouse an amount that is more or less than half the difference between the net family properties, if the court is of the opinion that equalizing the net family properties would be unconscionable (Family Law Act, subsection 5 (6)(e)-RRB-.

At common law, if the waiver is so onerous that it amounts to unconscionable conduct then it is unenforceable.

It may be a penalty if the sum stipulated is extravagant and unconscionable in comparison with the greatest loss that could conceivably be proved to have followed from a breach.

provisions that make the dealing void if it is the pro duct of unconscionable conduct, duress, fraud or undue influ ence.

If a lack of spousal maintenance would place one spouse in a dire financial situation while the other spouse enjoys more favorable financial circumstances, the court might decide that the agreement is unconscionable.

If a New York court decides your prenuptial agreement is unconscionable — wasn't fair when you signed it or isn't fair now — it can declare your agreement invalid.

If you signed an unconscionable prenup, take it to an attorney for review to find out if a court might declare it to be invaliIf you signed an unconscionable prenup, take it to an attorney for review to find out if a court might declare it to be invaliif a court might declare it to be invalid.

(3AA) However, if such proceedings are instituted with the consent of both of the parties to the marriage, the court may dismiss the proceedings if it is satisfied that, because the consent was obtained by fraud, duress or unconscionable conduct, allowing the proceedings to continue would amount to a miscarriage of justice.

If the vendor retained the deposit and that led the court to find that it was penal or unconscionable, the court may give relief.

If people are getting hurt, that is what's unconscionable.

I think that if an expert knowingly puts another's interests in jeopardy, in pursuit of a future pay - off, then according to my understanding of what's right and wrong, that «that» would be an unconscionable act.