First and foremost this Comment is on consumer protection, with particular emphasis upon the low-income consumer, rather than an analysis of specific sections of the Uniform Commercial Code (UCC). The UCC presently offers certain protection for those consumers who have been the victims of a "bad" contract. In the sales article, Article Two, are two concepts that are especially important for the consumer: unconscionability, covered by section 2-302, and warranty, covered by sections 2-313 through 2-316. In discussing these sections, however, other sections must be mentioned, as one can rarely discuss one section of the UCC intelligently in any given situation, without considering several other sections. This Comment proposes to examine consumer protection already available under the UCC, focusing upon the concepts of unconscionability and warranty. A brief history followed by an analysis of commentary and case law is presented to demonstrate how the UCC may be utilized in numerous fact situations. Problems which hinder the application of existing protection are also discussed, but this study is by no means exhaustive of the problems over which the UCC has no control.
Douglas F. Duchek,
Consumer Protection: Article Two of the UCC,
49 Neb. L. Rev. 808
Available at: http://digitalcommons.unl.edu/nlr/vol49/iss4/7