Frostifresh v. Reynoso

1966

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.