Ryan v. Weiner’s Empirical Analysis
1992
Citation profile
1 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 8 later decisions — most recently March 2016
1 federal appellate · 1 district · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Williams v. Walker-Thomas Furniture Co. · Juzan v. Toulmin · 17 Ill. 2d 92 - Majewski v. Gallina · Teats v. Anderson Et Ux. · 38 Wis. 2d 607 - McKinnon v. Benedict
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The right of competent persons to- make contracts and thus privately to acquire rights and obligations is a basic part of our general liberty. This ability to enter and enforce contracts is universally thought not only to reflect and promote liberty, but as well to promote the production of wealth. Thus, the right to make and enforce contracts is elemental in our legal order. But not every writing purporting to contain a promise or every document purporting to make a transfer will be given legal effect. A large body of law defines when valid contracts are formed and when and how they can be enforced. It is a general rule, recited by courts for well over a century, that the adequacy or fairness of the consideration that adduces a promise or a transfer is not alone grounds for a court to refuse to enforce a promise or to give effect to a transfer. This rule, present in 17th and 18th century cases, achieved its greatest dignity in the jurisprudence of 19th century classical liberalism. i Thus, the classical liberal’s premise concerning the subjectivity (and thus non-reviewability) of value has plainly been a dominant view in our contract law for a very long time— But as standard as that generalization is, it has not precluded courts, on occasion, from striking down contracts or transfers in which inadequacy of price is coupled with some circumstance 'that amounts to inequitable or oppressive conduct.' That1 is, the “rule” that Courts will not weigh consideration or assess the wi”
1 later decision quote this exact passage“(1) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result. (2) When it is claimed or appears to the court -that the contract or any clause thereof may be unconscionable the parties shall be afforded a,reasonable opportunity to present evidence as to its commercial setting, purpose and effect to aid the court in making the determination,”
1 later decision quote this exact passage“[statutory developments over the last thirty years reflect an explicit legislative endorsement of this ancient equitable doctrine. . The most important example of this .mid-twentieth century codification is the unconscionability provision contained in Section 2-302 of the Uniform Commercial Code. That provision has, of course, been adopted in almost all of the states and applies to the sale of all-goods.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.