Contracts: Law in Action - Unconscionability

41 Pages Posted: 20 Feb 2016 Last revised: 19 Apr 2016

See all articles by Jonathan C. Lipson

Jonathan C. Lipson

Temple University - James E. Beasley School of Law

Stewart Macaulay

University of Wisconsin Law School

William C. Whitford

University of Wisconsin Law School

Kathryn Hendley

University of Wisconsin-Madison Law School; University of Wisconsin - Madison - Department of Political Science

Date Written: February 18, 2016

Abstract

"Contracts: Law in Action" is rare, if not unique, among contracts casebooks. It is perhaps the only casebook devoted to a "law and society" approach to first-year contracts. A new, 4th edition will be released shortly.

We provide here an excerpt on the development of the law of unconscionability. We cover both roots in Williams v. Walker-Thomas and more recent branches, including the interplay between unconscionability doctrine and arbitration, payday lending, and the role of the Consumer Financial Protection Bureau. Students find these materials an engaging way to understand both normative challenges presented by consumer contracting at the economic margins, and institutional limits on addressing those challenges.

Keywords: Contracts, unconscionability, law and society, law in action, CFPB, consumer financial protection bureau, payday lending

JEL Classification: K22

Suggested Citation

Lipson, Jonathan C. and Macaulay, Stewart and Whitford, William C. and Hendley, Kathryn, Contracts: Law in Action - Unconscionability (February 18, 2016). Contracts: Law in Action, Forthcoming; Temple University Legal Studies Research Paper No. 2016-19. Available at SSRN: https://ssrn.com/abstract=2734434

Jonathan C. Lipson (Contact Author)

Temple University - James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States

Stewart Macaulay

University of Wisconsin Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States

William C. Whitford

University of Wisconsin Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States

Kathryn Hendley

University of Wisconsin-Madison Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States
301-405-3476 (Phone)
301-405-3542 (Fax)

University of Wisconsin - Madison - Department of Political Science ( email )

1050 Bascom Mall
Madison, WI 53706
United States

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