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Well exactly. What is uncosnsionable? The statute says that in an emergency it is prima facia (meaning there is a presumption that it is) when the price charged is 20% over the normal price charged seven days before the emergency. That means that any price over 20% of the normal price is presumed to be illegally excessive. As I pointed out initially the price Chad charged was 28.5% over dealer retail and 45% over what the dealer charges mechanics which is the actual price the dealer was willing to sell the product to Anil.
Now this was not a state emergency so the question becomes should the 20% still apply. I see no good reason why it should not. There was still a scarcity. The only difference is that the state was not aware of it and the scarcity was limited to a specific product versus numerous products in a state emergency.
So I would be willing to bet that a court would be strongly inclined to conclude that any price over 20% was excessive unless there was a very legitimate reason to conclude otherwise. I don't see any good reason to conclude otherwise in this circumstance.
posted by 75.66....
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