Document Type


Publication Title

New York University Review of Law and Social Change

Publication Date



This article addresses inequities in the apportionment of losses which arise when traditional consumer finance rules are applied to enforce consumer payment obligations which accrue during and after catastrophes. Disasters lead inevitably to job losses, to property destruction, and to inhibited access to homes and workplaces. In the wake of devastation, consumer fees and interest charges mount, and payment defaults increase. It is argued here that the resulting individual hardships and social distress could be mitigated by mandating the inclusion of force majeure provisions in consumer finance agreements and by creating a national consumer credit insurance fund.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.