PP964
Analítico de Periódico
MAC CULLOUGH, Colleen
Unconscionability as a coherent legal concept / Colleen McCullough
University of Pennsylvania Law Review, Philadelphia, v.164 n.3 (February 2016), p.779-825
DIREITO DOS CONTRATOS / EUA, CONTRATO DE ADESÃO
Part I describes the history of legal responses to contracts of adhesion and the early use of unconscionability. Part II explores the normative meaning of unconscionability by considering responses to contracts of adhesion in law and economics scholarship, and identifies two well-supported concerns about such contracts from an economic perspective. Finally, Part III looks to recent state courts’ uses of unconscionability as a response to contracts of adhesion in an effort to identify a structural meaning that corresponds with the concept’s normative meaning. This Part both argues that unconscionability is becoming a coherent concept and analyzes the way the concept complements other concepts in the common law.