Sentences with phrase «unconscionability case»

Not exact matches

Readers might recall that back in November, I blogged about a case in which the unconscionability doctrine was used to invalidate one lender's entire book of payday and installment loans.

After reading the facts of this case, I wonder: if the fee agreement isn't unconscionable in this case, then does per se unconscionability even exist?

There is always the possibility that the Court of Appeals» opinion shades the facts to justify the reversal but, based on the fact pattern presented, this did not appear to be a close case on the issue of unconscionability.

The case outlined the legal standards for what constitutes procedural and substantive unconscionability.

As the Court of Appeal in Schwark held that the elements necessary to establish a proprietary estoppel were not made out in that case, I note that the observation by the court that «to establish unconscionability», one must meet the five - part test laid out by Fry J. in Willmott v. Barber, supra, is obiter to its decision.

Based on Connecticut case law, such a provision is enforceable against a claim of innocent misrepresentation, so long as there is no showing of mistake, fraud, or unconscionability.