 Secondly, it may be apparent from the intrinsic nature and subject of the bargain itself; such as no man in his senses, and not under delusion, would make on the one hand, and as no honest and fair man would accept on the other; which are inequitable...  Supreme Court Reporter - Page 1351890Full view - About this book
 | Alan Wertheimer - Philosophy - 1999 - 336 pages
...Chesterfield v. Johnson, an eighteenth-century English decision, an unconscionable contract is one that "no man in his senses and not under delusion would...and as no honest and fair man would accept on the other."21 17 See AWB Simpson, "The Horwitz Thesis and the History of Contracts," 46 University of Chicago... | |
 | Jenny Bourne Wahl - Health & Fitness - 1998 - 400 pages
...traditional test ns stated in Greer v. Tweed, supea Note 3. 13 Abb.I'r.,NS, at 429, is "su^h as nn man in his senses and not under delusion would make on the one hand, and as no honest or fair man would accept, on the other." as to the effect the decision in these cases wi0 have.s I... | |
 | John C. Anderson - Law - 2010 - 253 pages
...relations.01 However, a dictum from a case as early as 1750 specified that a court of equity would not enforce a contract "such as no man in his senses and not under...and as no honest and fair man would accept on the other."1 6 In Campbell Soup v. Wentz, the Wentz brothers agreed to sell all Chantenay carrots grown... | |
 | Jeffrey W. Stempel - Law - 2005 - 3276 pages
...and substantially lower price for the product in return for accepting the unconscionable provision). would make on the one hand, and as no honest and fair man would accept on the other."550 As commentators have noted for a quarter-century, the "unreasonably favorable" standard... | |
 | Austin Abbott - Civil procedure - 1873 - 550 pages
...its literal terms, is well described, in the language of Judge STORY (I Story Eq. Jur., § 188\ as " such as no man in his senses and not under delusion would make on the one hand, and as no honest or fair man would accept, on the other." It is so extortionate and unjust that it raises the presumptiod... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1874 - 814 pages
...contracting. — Chesterfield v. Jansen, 2 Ves. 155-6; Boneyv. Hottingxworth, 23 Ala. 690. If the bargain be such as no man in his senses and not under delusion would make on the one hand, and no honest and fair man would accept on the other, it is liable to be denounced as inequitable and unconscientious,... | |
 | Missouri. Courts of Appeals - Law reports, digests, etc - 1909 - 814 pages
...Unconscionable Fee. A contract to pay an attorney's fee will not be held unconscionable unless it is such that no man in his senses and not under delusion would make on the one hand and no fair man would accept on the other, and the evidence fails to establish such contract. 3. : : Evidence.... | |
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