Section 69 Unconscionability

• Library: Motor Vehicle 2011

Clauses in lease agreements permitting the lessor to repossess and sell the vehicle with no notice to the consumer and to accelerate all remaining lease payments without an adequate rebate or credit may be attacked as unconscionable. If the transaction can be made out to be a sale, § 400.2-302, RSMo 2000, of the MUCC will apply. For a discussion of substantive versus procedural unconscionability under the MUCC, see:

· Bracey v. Monsanto Co., 823 S.W.2d 946 (Mo. banc 1992)

· Whitney v....