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This chapter revisits the idea of unconscionability. Courts will sometimes refuse to enforce deals that are, as UCC §2-302 states it, “shocking and fundamentally unfair.” Consider the following two cases. In each, an electronics store sells an HDTV with a fair market value of $600 for $1500. a. Sale #1 is made to Ann. She has a terrible credit score and is willing to pay $1500 because the store offers to finance the television, and she has no other available credit. b. Sale #2 is made to Franklin J. Moneypenny, a very wealthy investment banker, on Christmas Eve. He knows the price is much too high, but he is in a big hurry to finish his last-minute shopping. In both cases, the consumers paid 2.5 times the fair value of the television. In your opinion, is either transaction unconscionable? If so, why? If not, why not? Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203 Copyright 2019 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s). Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.
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