This chapter revisits the idea of unconscionability. Courts will sometimes refuse to enforce deals that are, as

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This chapter revisits the idea of unconscionability. Courts will sometimes refuse to enforce deals that are, as UCC 2-302 states it, “shocking and fundamentally unfair”. Consider the following two cases. In each, an electronics store sells an HDTV with a fair market value of $600 for $1500.

a. Sale #1 is made to Ann. She has a terrible credit score, and is willing to pay $1500 because the store offers to finance the TV, and she has no other available credit.

b. Sale #2 is made to Franklin J. Moneypenny, a very wealthy investment banker, on Christmas Eve. He knows the price is much too high, but he is in a big hurry to finish his last minute shopping.

In both cases, the consumers paid 2.5 times the fair value of the TV. In your opinion, is either transaction unconscionable? If so, why? If not, why not?

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Business Law and the Legal Environment

ISBN: 978-1133587491

5th edition

Authors: Jeffrey F. Beatty, Susan S. Samuelson

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