Babette Boliek, ‘Upgrading Unconscionability: A Common Law Ally for a Digital World’, Maryland Law Review (forthcoming, 2021), available at SSRN. Professor Babette Boliek makes two important contributions in ‘Upgrading Unconscionability: A Common Law Ally for a Digital World’ before even reaching the article’s normative argument. First, the article challenges what has become a surprisingly prevalent bit of supposed wisdom among commentators on contract law: that the doctrine of unconscionability barely exists and that nobody should take it seriously – or, as Professor Boliek puts it, that ‘the application of unconscionability is so rare that it is the last refuge of fools’. The pessimistic view of unconscionability’s role may confuse a paucity of rules about unconscionability with a paucity of cases (or more generally with a lack of importance of the doctrine). It is true that unconscionability is a vague doctrine … (more)
[Shawn Bayern, JOTWELL, 4 October]
First posted 2021-10-04 11:17:34
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