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. |