Abstract

http://ssrn.com/abstract=1572901
 


 



Giving Unconscionability More Muscle: Attorney’s Fees As a Remedy for Contractual Overreaching


Stephen E. Friedman


Widener University - School of Law

March 16, 2010

Georgia Law Review, Vol. 44, No. 2, 2010
Widener Law School Legal Studies Research Paper No. 10-15

Abstract:     
This Article seeks to broaden the conversation about unconscionability. While most of the discussion has focused on the appropriate standard for determining unconscionability, this Article focuses on the appropriate remedy to be imposed when unconscionability is found. The current remedy for unconscionability is non-enforcement or limited enforcement of unconscionable contracts or contract terms. This remedy is inadequate and seriously undermines unconscionability’s effectiveness as a tool for policing against contractual overreaching. The Article proposes that courts be given discretion to award attorney’s fees to consumers who successfully establish the unconscionability of a standard form contract. Such a remedy would enable unconscionability to meet the challenges posed by standard form contracts and would be fully consistent with unconscionability’s nature and history.

Number of Pages in PDF File: 58

Keywords: unconscionability, contracts, standard form contracts, attorney's fees

JEL Classification: K12

Accepted Paper Series


Download This Paper

Date posted: March 17, 2010 ; Last revised: April 28, 2010

Suggested Citation

Friedman, Stephen E., Giving Unconscionability More Muscle: Attorney’s Fees As a Remedy for Contractual Overreaching (March 16, 2010). Georgia Law Review, Vol. 44, No. 2, 2010; Widener Law School Legal Studies Research Paper No. 10-15. Available at SSRN: http://ssrn.com/abstract=1572901

Contact Information

Stephen E. Friedman (Contact Author)
Widener University - School of Law ( email )
4601 Concord Pike
P.O. Box 7286
Wilmington, DE 19803-0474
United States
Feedback to SSRN


Paper statistics
Abstract Views: 691
Downloads: 78
Download Rank: 182,206

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.219 seconds