Consumer Credit Regulation: 2.4.8.2 Elements of a Claim of Unconscionability
There are two forms of unconscionability: procedural and substantive.590 Procedural unconscionability involves the bargaining process when the contract was made, while substantive unconscionability focuses on the content of the contract.591 Some courts hold that both procedural and substantive unconscionability must be shown to invalidate a contract term.592 However, the greater the degree of substantive unconscionability, the lesser the degree of