Law Commons^™

Squeezing Subjectivity From The Doctrine Of Unconscionability, Paul Bennett Marrow

Cleveland State Law Review

Issues of unconscionability are most often encountered in two arenas: commercial agreements and family law agreements. In the first arena this Article proposes that the analysis should focus on the impact of a suspect term on the integrity of the contracting system or to an enabling statute. If a contract term materially undermines or compromises the integrity of the system for contracting or the integrity of an enabling statute, it should be found unconscionable. In the family law arena things differ because of the substance of the relationships involved and because the need for mutual consideration is de-emphasized. Accordingly, in …