Publication Date
1970
Abstract
THE Uniform Commerical Code [hereinafter UCC] became effective in Georgia on January 1, 1964.1 Adoption of the UCC repealed and modified many old Code sections. Moreover, it introduced some phrases and concepts slightly unfamiliar to Georgia courts. Some UCC principles have made significant changes in Georgia law. Others are yet to be interpreted. One concept added to commercial practice by the UCC is that of "unconscionability." The basic idea of the provision - that some con- tracts are simply too unfair to the consumer to be enforced by courts of justice - is not new to our legal system. UCC section 2-302 does not, however, merely revive the ghost of an ancient warrior; rather it marks the birth of a new doctrine fashioned out of old policies and a new concern for the basic rights of the consumer. The purpose of this article is to recall the principles of the old theory of unconscionability and to trace the outlines of an appropriate development for its recent statutory offspring.
Recommended Citation
Terry, Michael H. and Fauvre, John C.
(1970)
"The Unconscionability Offense,"
Georgia Law Review: Vol. 4:
No.
3, Article 3.
Available at:
https://digitalcommons.law.uga.edu/glr/vol4/iss3/3