We see in the enactment of these two sections of the Code an intention to leave in the hands of the courts the continued application of common law principles in deciding in consumer goods cases whether such waiver clauses as the one imposed on Owen in this case are so one-sided as to be contrary to public policy. Cf. Williams v. Walker-Thomas Furniture Co., 121 U.S. App. D.C. 315, 350 F.2d 445, 448-449 (1965). For reasons already expressed, we hold that they are so opposed to such policy as to require condemnation. As the New Jersey Study Comment to section 2-302 indicates, the practice of denying relief because of unconscionable circumstances has long been the rule in this state. See, Henningsen v. Bloomfield Motors, supra, 32 N.J., at p. 386 passim; Kuzmiak v. Brookchester, Inc., 33 N.J.Super. 575 (App. Div. 1955); Reinhardt v. Passaic-Clifton Nat. Bank, 16 N.J.Super. 430 (App. Div. 1951), affirmed 9 N.J. 607 (1952); Hemhauser v. Hemhauser, 110 N.J. Eq. 77 (Ch. 1932); N.J.S. 12A:2-302, New Jersey Study Comment 1.
Posted on: Sun, 26 Jan 2014 03:41:39 +0000
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