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Unconscionability in contracts: a new test

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dc.contributor.authorAaronson, Michael Louis, author
dc.contributor.authorMcShane, Katie, advisor
dc.contributor.authorKneller, Jane, committee member
dc.contributor.authorGill, Ann, committee member
dc.date.accessioned2007-01-03T05:55:00Z
dc.date.available2007-01-03T05:55:00Z
dc.date.issued2013
dc.description.abstractThe goal of this thesis is to answer a number of unresolved, fundamental legal and moral questions about contracts. Answering these important questions will require a broad legal, applied ethical, and normative ethical analysis of historical and contemporary case law, statutory law, and legal literature. The end result will be a unified theory of unconscionability: it will capture the intent of contemporary statutory law, provide a test that consistently yields judgments of unconscionability where it ought to do so, and include plausible, well-developed normative ethical justification for the judgments yielded by the test. In Chapter 1 there will be a brief presentation of the legal historical context. We will have a look at unconscionability in statutory law, case law, and the legal literature of the previous era of unconscionability law and find that there has for a long time been broad, fundamental disagreement about the nature of unconscionability itself, and more recently, equally serious disagreement about how contemporary statutory legal attempts to define unconscionability should be interpreted and applied. In Chapter 2, we will examine and critique two contemporary attempts at legal and moral analysis of extant case and statutory law. In Chapter 3, I will take a stand on the issues discussed throughout the first two chapters, proposing a general theory of unconscionability and a two-pronged test for identifying unconscionability in contracts. The theory will capture the intent of contemporary statutory unconscionability law, explain and solve the difficulties that led to broad inconsistency in the case law we saw in Chapter 2, and lead us to a plausible test. Chapter 4 will present the normative theory that undergirds and unites both prongs of the test proposed in Chapter 3. The goal is to show how my theory of unconscionability is explained and justified within moral theory more broadly.
dc.format.mediumborn digital
dc.format.mediummasters theses
dc.identifierAaronson_colostate_0053N_11980.pdf
dc.identifier.urihttp://hdl.handle.net/10217/80213
dc.languageEnglish
dc.language.isoeng
dc.publisherColorado State University. Libraries
dc.relation.ispartof2000-2019
dc.rightsCopyright and other restrictions may apply. User is responsible for compliance with all applicable laws. For information about copyright law, please see https://libguides.colostate.edu/copyright.
dc.subjectunconscionability
dc.subjectcontract
dc.titleUnconscionability in contracts: a new test
dc.typeText
dcterms.rights.dplaThis Item is protected by copyright and/or related rights (https://rightsstatements.org/vocab/InC/1.0/). You are free to use this Item in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s).
thesis.degree.disciplinePhilosophy
thesis.degree.grantorColorado State University
thesis.degree.levelMasters
thesis.degree.nameMaster of Arts (M.A.)

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