Unconscionability
• Anterior vs. posterior evaluation of fairness. Tuckwiller court looked
2-302. Unconscionable contract or Clause.
(1) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
• Eisenberg: Two different tracks for unconscionability, one being fairness, the other efficiency. Eisenberg would classify something as unconscionable if it is neither fair nor efficient.
Conclusion
Notes
See Also
References and Further Reading
About the Author/s and Reviewer/s
Author: international
Mentioned in these Entries
1500 Top law pages in Wikipedia in may 2012, American law tags, Armendariz v. Foundation Health Psychcare Services, Cyberchron Corp. v. Calldata, Mid law pages in Wikipedia in may 2012 by importance, Ranking of the top 100 legal most-cited articles of all time, Simeone v. Simeone, Trade law Part 41, Unconscionability 2.
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