PPT-Unconscionability:

Standard form and Adhesion Contracts Contracts 472016 Legal system is efficient Rakoff v Epstein Standard Form Contracts Pros Cheaper to write enforce National uniformity Consumers can shop for terms if they care to. The theory for your position is grounded in a statute that lacks any statement of criteria You have no idea what the legal elements of your position are You have checked the case law and not one opinion suggests a criteria or lists any of the elemen 2 The provision embodies the equitable concept of unconscionable conduct as recognisedby the High Court in Blomley v Ryan (1956) 99 CLR 362and Commercial Bank of Australia v Amadio (1983) 151 CLR As F Jill Heitler Blomberg Throughout the United States, prenuptial agreements have been gaining popularity. Beginning in the early 1990s, a variety of widely circulated ma U.S News and World Report and 2 The provision embodies the equitable concept of unconscionable conduct as recognisedby the High Court in Blomley v Ryan (1956) 99 CLR 362and Commercial Bank of Australia v Amadio (1983) 151 CLR As F Law ‘ and good faith in business transactions’ Professor Bryan Horrigan BA, LLB (Hons), DPhil (Oxon) Dean, Faculty of Law, Monash University Monday 21 October 2013 National Commercial Contracts II. Unconscionability. Not to be shared. © F.H. Buckley. fbuckley@gmu.edu. 2. Forms of Unconsionability. UCC § 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.. Contracts II. Unconscionability. Not to be shared. © F.H. Buckley. fbuckley@gmu.edu. 2. Forms of Unconsionability. UCC § 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..