ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Monday, November 1, 2010

No right to jury on unconscionability claim

A A Kentucky man was not entitled to get to a jury on the question whether his credit card contract with Discover was unconscionable, according to an unpublished ruling on Friday from the Kentucky Court of Appeals.  In Dungan v. Discover Bank, No. 2009-CA-000380-MR (Ky. App. Oct. 29, 2010), the pro se defendant/appellant raised a variety of reasonably creative issues, but one of his key claims was that the Discover Card agreement was unconscionable.

Citing the facts that the defendant had a graduate degree and the language of the agreement was understandable (even though printed in small type), Judge Kelly Thompson also rejected the claim that the defendant should be able to get to a jury on that issue, holding that the question was one of law for the judge.


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This seems rather consistent with the equitable foundation of unconscionability.

Posted by: Jason | Nov 1, 2010 2:47:53 PM

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