Bar Exam Uniform Quiz
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CONTRACTS
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A consumer purchased furniture on credit from a rent-to-own store. The contract included a 'cross-collateralization' clause, which provided that all items ever purchased from the store would serve as security for any outstanding debt. The consumer made several purchases over two years and paid off the first few items. However, when she defaulted on the final item (a lamp), the store, citing the clause, repossessed not only the lamp but all other items she had purchased over the two years, even those for which she had completed payments.
The consumer has sued for wrongful repossession of the items she had paid off. What is her best argument that the cross-collateralization clause is unenforceable? Select one.
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