Unconscionable Contract

There are many Ohio Revised Codes that govern different aspects of unconscionable contracts. Some are as general as ORC 1302.15 that explains that a court can void a contract if it finds it to be unconscionable, or it is able to void only the parts it finds to be unconscionable (LAWriter, ORC 1302.15). There are more detailed Codes that address certain types of businesses and what is considered unconscionable in their specific trade. An example is the ORC 1345.031 that has to do with providing a residential mortgage. It dictates what the supplier of the mortgage cannot do with regard to a consumer that is attempting to acquire or already acquired loan on a residential mortgage (LAWriter, ORC 1345.031).

Fortney Law Group outlined a case in Ohio where a customer brought suit against an auto repair shop on grounds that the adhesion contract that they were required to sign to receive auto repairs was unconscionable. In order for the argument to hold water, the court must find it both substantially and procedurally unconscionable. On the substantial front, the court found the contract unconscionable. Notwithstanding this finding, they were unable to prove it was procedurally unconscionable due to the writing they considered adhesion was in all capital letters just above where they had signed their names and could not

It has links to the Ohio Revised Codes and Ohio Administrative Code that govern businesses unconscionable and unfair acts against consumers. It even, in laymen’s terms examples of what these Codes cover, what the responsibilities of businesses are, and how the Attorney General can help a consumer if they should find themselves in a contract that could possibly be against Ohio law. This could prove to be a valuable reference for those that are not familiar with legal jargon and need some information in plain English (Ohio Consumer Law