8 Utah 2d 272 - Carlson v. Hamilton’s Empirical Analysis
1958
Citation profile
4 district · 57 state decisions
How this case has been cited
Cited by 66 later decisions — most recently August 2012 · most notably Resource Management Co. v. Weston Ranch (1985), In Re Booth (1982)
4 district · 57 state decisions — followed in 11 states
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 7 Utah 2d 163 - Ephraim Theatre Company v. Hawk · Perkins v. Spencer · 5 Utah 2d 263 - Cole v. Parker · 7 Utah 2d 420 - Peck v. Judd
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“People should be entitled to contract on their own terms without the indulgence of paternalism by courts in the alleviation of one side or another from the effects of a bad bargain. Also, they should be permitted to enter into contracts that actually may be unreasonable or which may lead to hardship on one side. It is only where it turns out that one side or the other is to be penalized by the enforcement of the terms of a contract so unconscionable that no decent, fairminded person would view the ensuing result without being possessed of a profound sense of injustice, that equity will deny the use of its good offices in the enforcement of such unconscionability.”
16 later decisions quote this exact passage“In the absence of fraud or imposition, the parties are bound by the price or measure of value they have agreed on, and such price must be paid notwithstanding it may be excessive. The courts cannot supervise decisions made in the business world and grant relief when the bargain proves improvident.”
1 later decision quote this exact passage“calls for adhesion to a principle that equity historically has indulged[ J-that it abhors unconscionability shocking to such degree that the function of equity would be misconceived and misapplied by the enforcement of such unconscionalbility, even though it may have been the subject of contract.”
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.