Courts have found conduct to be unconscionable where it has involved deliberate, serious misconduct or something clearly unfair and unreasonable.

To qualify as unconscionable, conduct must be more than just hard commercial bargaining – it must be against conscience as judged against the norms of society. It's not unconscionable conduct for a stronger party to use its superior bargaining power to drive a hard bargain.

Example: A supplier who simply uses its bargaining power to obtain a higher price for its products is unlikely to be regarded as engaging in unconscionable conduct.