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Full-Text Articles in Law

Viewing Unconscionability Through A Market Lens, David Gilo, Ariel Porat Oct 2010

Viewing Unconscionability Through A Market Lens, David Gilo, Ariel Porat

William & Mary Law Review

This Article calls for a move to a new phase in courts’ attitudes toward consumer contracts. Currently, courts applying the unconscionability doctrine to consumer contracts focus on the characteristics of the parties and the transaction. We suggest that rather than examining each consumer contract in isolation, courts should inquire whether there is competition, or potential competition, over contracts in the supplier’s market. As we show, competition over contracts is different from competition over products or services. In order to assess the degree of competition, or potential competition, over contracts, courts should look at the particular features of the supplier’s market …


Reading The Product: Warnings, Disclaimers, And Literary Theory, Laura A. Heymann Jul 2010

Reading The Product: Warnings, Disclaimers, And Literary Theory, Laura A. Heymann

Faculty Publications

No abstract provided.