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Abstract

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Unconscionable Conduct but to insure that their use be limited to situations where the common understanding is fairly certain. Thus the law for the benefit of the commercial community has standardized the forms of checks and notes, bills of lading and warehouse receipts by providing that the special practical consequences desired by the business community are not available unless the check or note is made in the prescribed form. The law has also developed a series of rules designed to protect an unwary or desperate person from the use of these standardized forms by a wily or avaricious person. Thus the Uniform Commercial Code, now in effect in all but one state, originally drafted more than 25 years ago provided that in any sales transaction the court could refuse to enforce an agreement or could limit the application of any clause in that agreement so as to avoid an unconscionable result. The Uniform Commercial Code, and this Code, the Uniform Consumer Credit Code, are significant from the standpoint of a person interested in the forms of social engineering because they illustrate I think the only two methods of dealing with human conduct by law. The law maker can

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Published: May 1, 1968