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Curing the Infirmities of the Unconscionability Doctrine

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Title:Curing the Infirmities of the Unconscionability Doctrine
Authors:Beh, Hazel G.
Date Issued:May 2015
Citation:66 Hastings L. J. 1011
Series:Hastings Law Journal
Abstract:This Article considers the unconscionability doctrine and confronts criticisms that the doctrine is fatally flawed as too vague, flexible, and ill-defined. It argues that unconscionability is a vital contract doctrine that entrusts common law judges with the latitude and discretion to safeguard essential contracting fairness and justice. Unconscionability serves as the line of demarcation between hard bargains and unfair bargains. This Article explores proposals to fortify and invigorate the unconscionability doctrine in order to promote contracting fairness in an era where one-sided, adhesionary contracts abound.
Appears in Collections: Beh, Hazel Glenn (Faculty Emerita)

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