| Court: | District Court of New York |
| Facts: | The salespeople negotiated in Spanish, saying all sorts of things about bonuses paid when others bought similar freezers. The deal was some kind of high-price credit scheme to pay about $1,350 for a $350 freezer. The contract was in English. |
| Posture: | This is part of the initial trial maybe? |
| Issue: | Can this court refuse to enforce this contract on the grounds of unconscionabiliey? |
| Holding: | Yes. |
| Rule: | Not much of a rule here: we know it when we see it, once again. The contract in and of itself might not be unconscionable, but given the circumstances it seems that it was. |
| Reasoning: | The price shocks the conscience, and the fact that the contract was in English suggests uneven negotiation. |
| Dicta: | Damages were later adjusted (lowered) by the Supreme Court. |