28 Feb, 2006
Contracts: Unconscionability and Reasonable Expectations
In Contract Law, on rare occasions a court will hold a contract unenforceable when the contract is extremely unfair to one party. A plaintiff would use the defense that the contract is "unconscionable" in cases like these.
In this podcast, professor Scott Burnham of the University of
Montana reviews unconscionability and reasonable expectations. The most
famous case involving unconscionability is likely the Williams v. Walker-Thomas Furniture Co. case. Professor Burnham discusses Williams v. Walker-Thomas
as well as substantive vs. procedure unconscionability, how to
determine if a contract is unconscionable, and reasonable expectations.
This podcast is a great complement to Professor Burnham's lesson entitled Unjust Terms (Unconscionability). Follow the link below to listen to the podcast.
Burnham_Unconscionability and Reasonable Expectations.mp3