Keywords
unconscionability
unconscionable clause
abusive clause
United States
How to Cite
Abstract
The article presents the United States´ experience in the development and
implementation of legal and extralegal mechanisms aimed at protecting franchisees before the incorporation of unconscionable clauses in a franchising
agreement. From the analysis of the statutes, case law and private sector initiative, it is possible to identify legislative, administrative and private measures
aimed at achieving this objective. Likewise, the study of the American case
shows how the implementation of the unconscionability doctrine is possible
in contracts different from those considered as consumer contracts.
This journal is registered under a Creative Commons Attribution 4.0 International Public License. Thus, this work may be reproduced, distributed, and publicly shared in digital format, as long as the names of the authors and Pontificia Universidad Javeriana are acknowledged. Others are allowed to quote, adapt, transform, auto-archive, republish, and create based on this material, for any purpose (even commercial ones), provided the authorship is duly acknowledged, a link to the original work is provided, and it is specified if changes have been made. Pontificia Universidad Javeriana does not hold the rights of published works and the authors are solely responsible for the contents of their works; they keep the moral, intellectual, privacy, and publicity rights.
Approving the intervention of the work (review, copy-editing, translation, layout) and the following outreach, are granted through an use license and not through an assignment of rights. This means the journal and Pontificia Universidad Javeriana cannot be held responsible for any ethical malpractice by the authors. As a consequence of the protection granted by the use license, the journal is not required to publish recantations or modify information already published, unless the errata stems from the editorial management process. Publishing contents in this journal does not generate royalties for contributors.