A Consumer's Guide to Unconscionable Sales Contracts

Abstract

This 1974 article supplies a consumer’s attorney with a check-list and guidelines for testing whether his client has a possible case of unconscionability under Section 2-302 of the Uniform Commercial Code when dealing with the sale of goods by a merchant to a consumer. Professor Frey demonstrates that few consumers have been benefited by 2-302 but that unconscionability still plays an important role in those cases which do not fit an established doctrine. Professor Frey also warns that consumers who can establish unconscionability should be careful when selecting their remedy.