Court: |
US Court of Appeals, District of Columbia |
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Facts: |
Williams bought items over the years from Walker-Thomas. These
were subject to a clause that uses all previously purchased
items not yet paid off as collateral to secure the new
purchase: so when you miss one payment, it can all get
repossessed. |
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Posture: |
Finding for the defendant at trial, affirmed at appeal: the
courts did not feel they had the authority to override
the contract as unconscionable, because no consumer protection
laws addressing the issue had been enacted in DC. |
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Issue: |
Are the terms of these contracts unconscionable, and therefore
unenforceable? |
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Holding: |
Possibly so. Remanded for trial. |
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Rule: |
Unconscionable contracts will not be enforced. This includes
gross inequality of bargaining power, unreasonably favorable
terms, and absence of meaningful choice. |
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Reasoning: |
It appears that we had these things here, but that's really for
the jury to determine, so let's do that. |
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Dicta: |
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