Process Unconscionability

Another term for procedural unconscionability or bargaining unconscionability, i.e., it is a mistake in the formation of a contract. As the Arizona Supreme Court explained in Maxwell v. Fidelity Fin. Svcs, Inc., 184 Ariz. 82 (1995), “Procedural or process unconscionability is concerned with “unfair surprise,” fine print clauses, mistakes or ignorance of important facts or other things that mean bargaining did not proceed as it should.”