On The Unconscionability System Of Britain And America

The system of unconscionability in Britain and America contract law originates from law of equity.It is mainly based on the judge's conscience and justice to judge unconscionability. With the economic progressing,the system of unconscionability is needed as a supplement.UCC 2-302 created the modern system of unconscionability formally.The research of unconscionability may give us some illumination how to protect transactions justice. The modern unconscionability system consist of substantial unconscionability and procedural unconscionability generally. Substantive unconscionability is the premise that the contract or cause of contract is unconscionable and procedural unconscionability is the key that the contract or the cause of contract is unconscionable.Therefore,the unconscionability constitution have to have the two factors at the same time.For the unconscionability result,if the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract,or it may enforce the remainder of the contract without the unconscionable clause,or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.Unconscionability system is meant to correct unconscionability caused by the freedom of contract and safeguarding justice of the contract.Unconscionability system does not deny the principle of freedom of contract which is still the core of contract law,and also is the most important principle. Comparing with the contract law of unconscionability system of Britain and America,the unconscionability system of China still has some imperfections.Therefore,we should actively learn from their advantages in order to improve our system of unconscionability.