Register to get FREE access

The comments to §2-302 of the Code state that unconscionability is a one-sidedness that must be assessed as tolerable or not 'in the light of the general commercial background and the commercial needs of the particular trade or case . . . . The principle is one of the prevention of oppression and unfair surprise . . . and not of disturbance of allocation of risks because of superior bargaining power.' RSA 382-A:2-302 comment 1 (citations omitted); see American Home Improvement Co. v. MacIver, 105 N.H. 435, 439, 201 A.2d 886, 888-89 (1964); Dow Corning Corporation v. Capital Aviation, Inc., 411 F.2d 622, ...