Section 4.26 Inequitable Conduct and Unfairness

• Library: Contracts 2016 Supp

4. (§4.26) Inequitable Conduct and Unfairness

Equity will not decree specific performance of an inequitable contract or an unconscionable bargain, and inequitable conduct and unconscionability are equitable defenses in contract actions. Blankenship v. Porter,479 S.W.2d 409, 414 (Mo. 1972); Tuckwiller v. Tuckwiller, 413 S.W.2d 274 (Mo. 1967); 1 Dan B. Dobbs, Dobbs Law of Remedies § 2.4(3) (2^nd ed. 1993) (court acting in equity may refuse to grant specific enforcement “to a contract which the courts deem unfair, unconscionable or too one-sided”).

Although the consideration may be sufficient to support the existence of a valid contract, courts may refuse to grant specific performance when that consideration is so “shockingly” or “flagrantly” inadequate that it produces unfairness in view of all of the circumstances. Miller v. Coffeen, 280 S.W.2d 100 (Mo. banc 1955). But in determining...