Leasing Service Corporation v. Virgil B. Justice and David F. Childers

IRVING R. KAUFMAN, Circuit Judge:

More than three centuries ago, in The Merchant of Venice, Shakespeare tellingly illustrated the evil of agreements, which exact a “pound of flesh.” Since that time, courts have grappled with the problem of oppressive contracts through the doctrine of unconscionability. Originating in Equity as a form of relief against the harshness of penal bonds, 1 this doctrine has been employed by courts to deny enforcement to harsh and unreasonable contract terms. Today we are asked to determine whether the liquidated damages provisions of several commercial leasing…