Tillman Unconscionability What Is Contractual Term Paper

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Response 1: Robyn Finster

You make a good point about asymmetry of information. There was no third party made available to draw up this contract to make it equitable, or explain its terms. The Commercial Credit Loan drafted the agreement. There was no opportunity for the borrower to allow a lawyer or other individual to examine the terms of the agreement, given the pressure Commercial Credit exerted upon the borrower for an immediate signature.

Response 2: Elizabeth Laage

Your personal story indicates how even when consumers seek out information, frequently the language used is so confusing it sounds contradictory. Part of the notion of contractual unconscionability, I believe, should include consideration of language that is deliberately misleading to one of the parties. Consumers often are confused and agree to lopsided legal contracts, based upon biased information they hear, or because of the way the agreement is phrased.

Response 3: Derek Blackmore

Being pressured into home improvement contracts is something I have witnessed in my own life many times. Frequently, someone will offer someone a 'free estimate' and that 'estimate' will include dire information about the home that is frightening to the homeowner.

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In such instances, getting a second opinion is essential. However, when high-pressure techniques are used, and it is emphasized that 'now or never' is the deadline, consumers often feel as if they do not have the ability to gain additional information. That is why legally speaking, full disclosure in clear and transparent language is so essential.

Response 4: Derek Blackmore

The differences from state-to-state regarding the concept of contractual unconscionability indicate the difficulties for consumers in getting enough information before agreeing to a contract. Not only must they have general information about the law, they must also know about the legal provisions within their state. Particularly when state laws are different, it can be challenging for a non-lawyer to understand his or her rights. On a larger level, rather than complaining that the NC declaration of contractual unconscionability will clog up the court system, the legal morass that resulted after the recent credit crisis indicates the need for more aggressive consumer protection agencies, to prevent such one-sided….....

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