Comment by R. Fritz Niswanger
While Louisiana remains the lone state not to adopt a general theory of unconscionability for analyzing contracts of adhesion, this Comment suggests not only that the adoption of unconscionability would greatly benefit Louisiana law and fit seamlessly within the logical framework of the Louisiana Civil Code, but also that the concept of unconscionability has been implicitly recognized in a recent Louisiana Supreme Court case, Aguillard v. Auction Management Corp. This Comment analyzes how such an unconscionability challenge might be crafted, what duties this will impose upon drafting parties, and why and how this doctrine will advance Louisiana's unique civilian system.
About the Author
R. Fritz Niswanger. J.D. candidate 2008, Tulane University School of Law; M.B.A. candidate 2008, Tulane University Freeman School of Business; B.A. 2004, Louisiana State University.
Citation
81 Tul. L. Rev. 509 (2006)