Jones v. Star Credit Corp. – Case Brief

Contracts

Brief

Jones v. Star Credit Corp.

Procedural History:

  • N.Y. Supreme Court rules for Jones.

Facts:

  • Plaintiffs agreed to purchase a home freezer for $900.
    • With additional charges, the total price comes to $1,234.80.
  • The plaintiffs are recipients of welfare.
  • The plaintiffs have paid $619.88 toward the freezer thus far.
  • The evidence at trial proved that the freezer had a retail value of only $300.

Issue:

  • Whether this transaction and the resulting contract should be considered unconscionable within the meaning of U.C.C. 2-302?

Holding:

  • Yes.

Reasoning:

  • The body of laws recognizes the importance of a free enterprise system but at the same time will provide the legal armor to protect and safeguard the prospective victim from the harshness of an unconscionable contract.
  • The mathematical disparity in prices make this case obvious.
  • Also considered is the fact that the sellers knew of the buyers limited financial resources.
  • The retail merchant selling on installment or extending credit is expected to establish a pricing factor which will afford a degree of protection commensurate with the risk of selling to those might be default prone.
You can leave a response, or trackback from your own site.
law-blogs.net
Powered by WordPress | iCellPhoneDeals.com has the best cell phone Deals. | Thanks to Upgrade Sprint Phone, MMO Games and Conveyancing