Introduction: conceptualising unconscionability in Europe

Unconscionability, though not easily defined, is a multi-dimensional concept deeply embedded in European legal systems. It manifests across various contexts—consumer, family, and non-professional transactions—and serves as both an exception to freedom of contract and a tool for fairness or solidarity between parties. Its application varies significantly, from stringent procedural approaches to substantive constitutional interventions, with protection levels differing widely. This study, drawn from the 2008 conference 'Conceptualising Unconscionability in Europe' held at Durham Castle, explores these nuances, revealing that unconscionability or its equivalents is present in all European legal orders, albeit in diverse forms. The research highlights its role as a polycontextual instrument, blending national contract laws with broader principles of vulnerability protection.

Kenny, M., Devenney, J., & O’Mahony, L. F. (2010). Introduction: conceptualising unconscionability in Europe. Unconscionability in European Private Financial Transactions, 1–4. https://doi.org/10.1017/cbo9780511760938.001