350 F.2d 445, 121 U.S. App. D.C. 315 · U.S. Court of Appeals, D.C. Circuit · 1965
ContractsAssigned in 27 casebooks
Case brief summary
Rule
Courts can refuse to enforce a contract, or parts of it, if it was so unfair and one-sided when made that one side had no real ability to understand or negotiate it.
Facts
A store's contract secretly linked all a customer's purchases, so paying off one item still left a balance until everything was paid, letting the store repossess all items if any payment was missed.
Procedural history
Lower courts ruled for the furniture store and allowed repossession. The appeals court sympathized with the customers but said it lacked power to strike down the contract, suggesting Congress act instead.
Issue
Does a court have the legal authority to refuse to enforce a contract because its terms are unconscionable, and if so, were these specific contracts unconscionable?
Holding
Yes, courts do have the power to refuse to enforce unconscionable contracts, and the case was sent back to the trial court to decide whether these particular contracts actually were unconscionable.
Reasoning
The court relied on old case law and a new statute allowing unconscionable contracts to be struck down, finding unfairness when one side lacks real choice and ends up with very one-sided terms.
Opinions
Majority (Wright): Courts may refuse to enforce unconscionable contracts, and this case is sent back for findings on whether these contracts were unconscionable.
Dissent (Danaher): No sharp practice was proven, the customer understood the deal, and courts should be cautious before limiting freedom to contract.
Test yourself
Question 1 of 5
What contractual mechanism allowed Walker-Thomas to reach items purchased years earlier when a customer defaulted on a new purchase?
The contract credited payments pro rata across all leases so that a balance remained on every item until all were paid off, exposing older purchases to repossession upon any default. The other options describe real contract devices but are not what is described in this opinion.
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On the exam
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Other issues in this opinion
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