Unconscionability: A Critical Reappraisal

@article{Epstein1975UnconscionabilityAC,
  title={Unconscionability: A Critical Reappraisal},
  author={Richard A. Epstein},
  journal={The Journal of Law and Economics},
  year={1975},
  volume={18},
  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… 
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