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A Consent Theory Of Unconscionability: An Empirical Study Of Law In Action, Larry Dimatteo, Bruce Rich
A Consent Theory Of Unconscionability: An Empirical Study Of Law In Action, Larry Dimatteo, Bruce Rich
Larry A DiMatteo
This Article provides the findings of an empirical study of 187 court cases in which the issue of the unconscionability of a contract or a contract term was addressed by the courts. The cases were drawn from two time periods. The first set of cases can be viewed as the first generation of Uniform Commercial Code (U.C.C.)-style unconscionability cases from 1968-1980. The second generation of unconscionability cases were from the time period of 1991-2003. The two groups of cases allow us to not only analyze a series of questions and factors, but also to make intergenerational or longitudinal observations. The …