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Full-Text Articles in Law
Viewing Unconscionability Through A Market Lens, David Gilo, Ariel Porat
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
Reading The Product: Warnings, Disclaimers, And Literary Theory, Laura A. Heymann
Faculty Publications
No abstract provided.