Private Law Theory

ABSTRACT
… This article will thus attempt to dispel the following three myths about unconscionability: It is a new, modern doctrine of law; Its application is unpredictable and arbitrary; To prevail a party must prove both procedural and substantive unconscionability. The best way to dispel myths is through facts. This article attempts to clear the clouds of confusion and fear surrounding the doctrine by turning to historical and empirical fact …

McCall, Brian Michael, Demystifying Unconscionability: An Historical and Empirical Analysis (January 28, 2020).

First posted 2020-03-20 08:49:43