Unconscionability requires which combination

• A. Procedural unconscionability only
• B. Substantive unconscionability only
• C. Both procedural and substantive unconscionability
• D. Neither; unconscionability is purely fair dealing

Answer: (C)

Unconscionability isn't about fair dealing alone; it has two parts. Procedural unconscionability covers how the contract came to be—things like surprise, hidden or complex terms, and a clear imbalance of bargaining power that left one party with no meaningful choice. Substantive unconscionability focuses on the actual terms—ones that are unreasonably harsh or one-sided in favor of the stronger party. To strike down a contract or a clause, courts typically require both: an unfair process and one-sided terms. If only one is present, the contract often remains enforceable unless the terms are egregiously harsh or the bargaining process was truly oppressive. So the best answer is that unconscionability requires a combination of procedural and substantive unconscionability.