Unconscionability as a Contract Policing Device for the Elder Client: How Useful is It?

An elder law symposium provides an opportunity to consider ways that the various areas of the law provide protection for the older client. This raises the question of whether the Uniform Commercial Code (hereafter U.C.C. or the Code) protects the unique interests of the older consumer. Such consideration naturally leads to the contract policing device specifically included in the Code—unconscionability. The doctrine of unconscionability provides a way for courts to police grossly unfair contracts and contract provisions.

It is found not only in the U.C.C. but also in the tenets of general contract law. However, its application is not limited to the elderly. This piece will focus on the use of this contract policing mechanism to protect this one segment of the consumer population.