Unconscionability: A Critical Reappraisal

  title={Unconscionability: A Critical Reappraisal},
  author={Richard A. Epstein},
  journal={The Journal of Law and Economics},
  pages={293 - 315}
  • R. Epstein
  • Published 1 October 1975
  • Economics, Philosophy
  • The Journal of Law and Economics
THE classical conception of contract at common law had as its first premise the belief that private agreements should be enforced in accordance with their terms. That premise of course was subject to important qualifications. Promises procured by fraud, duress, or undue influence were not generally enforced by the courts; and the same was true with certain exceptions of promises made by infants and incompetents. Again, agreements that had as their object illegal ends were usually not enforced… 
The Unconscionability Doctrine in U.S. Contract Law
Unconscionability is a contract defense typically advanced in cases in which there is a combination of unfair contract terms and deficient bargaining. Its origin is primarily in equity as practiced
Contract Remedies and Inalienable Rights
I. Introduction Two kinds of remedies have traditionally been employed for breach of contract: legal relief and equitable relief. Legal relief normally takes the form of money damages. Equitable
Freedom of contract, bargaining power & forum selection in bills of lading
The ability of the parties to conclude binding agreements, and to determine the contents of these agreements, is at the very core of our market system. They are the consequence of our liberal
Oppressive-Exploitative Contracts: A Jewish Law Perspective
The people of the land have used oppression, and exercised robbery, and have wronged the poor and needy, and have oppressed the stranger unlawfully.(Ezekiel 22:29) Ezekiel's lament emphasizes that
Rethinking freedom of contract
Many liberal egalitarians support laws that prevent people from making exploitative and unconscionable contracts. These contracts may include low-wage labor agreements or payday loans, for example. I
Contractual Freedom, Contractual Justice, and Contract Law (Theory)
I INTRODUCTION The current symposium, "The Public Dimension of Contract," has been gathered under the promising subheading of "legal theories in dialogue." It thus might be useful to begin with a few
Analysis of Alternative Standing Doctrines
The right to bring an action in court is an important right which many argue should be granted liberally. The United States Supreme Court, for example, has held that under certain situations access
A reciprocidade nos contratos: uma análise expressivista
This paper tries to establish why the law of contracts should express the value of reciprocity. Although scholars have intensively discussed equality in exchange and the prohibition of unfair terms
What we talk about when we talk about conscience : the meaning and function of conscience in commercial law doctrine
This thesis seeks to explain the meaning and function of conscience in commercial law doctrine. It argues that the idea of conscience in law bears its ordinary meaning. When the courts use the
The exceptions to the principle of autonomy of documentary credits
This thesis critically appraises the exceptions to the principle of autonomy in documentary credits. In appraising the exceptions, the central theme pursued is to address the question whether the