Boustany v Piggott, [1995] 69 PandCR 298
Citation: Boustany v Piggott, [1995] 69 PandCR 298
Rule of thumb: Are terms of contracts which are extremely onerous enforceable? If they can be shown to be unconscionable then they do not have to be enforced.
Judgment:
The Court stated the general rule that any clause in a contract which is unconscionable is not enforceable - ‘It is not sufficient to attract the jurisdiction of equity to prove that a bargain is hard, unreasonable or foolish; it must be proved to be unconscionable, in the sense that one of the parties to it has imposed the objectionable terms in a morally reprehensible manner, that is to say in a way which affects his conscience’
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