Question
When Hurricane Lane was expected to hit the Hawaiian islands, Ben rushed to The Depot to purchase a power generator. When he arrived at the
When Hurricane Lane was expected to hit the Hawaiian islands, Ben rushed to The Depot to purchase a power generator. When he arrived at the store, he found the power generators were being sold for $900.00 each. Ben finds Jerry, a sales person for The Depot, and tells him all he has is $400, but he really needs the power generator to survive the hurricane. Jerry tells Ben no problem, you can purchase the power generator through our financing program. Desperate for a power generator, Ben agrees to purchase the power generator for $900.00 plus tax and financing charges. Tax and financing charges raised the total cost for the generator to $1,500.00. After speaking to his friend, Ben realizes the actual retail price for the same generator he purchased was $300.00. Ben decides to file a lawsuit against The Depot to have the purchase contract declared unconscionable. If Ben files a lawsuit to have the purchase contract declared unconscionable, which UCC section would apply to Bens claim? If he is successful in proving to the court that the contract is unconscionable, what can the court do?
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