From the Decisionism blog:
Today the SJC adventures into this murk in Commonwealth v. Fremont Investment & Loan, No. SJC 10258. The decision is long-ish. The facts are complicated. The procedural elements are a bit different, since this an enforcement action by the Commonwealth.
But everything flows from this conclusion by the Court. “It was unreasonable, and unfair to the borrower, for Fremont to structure its loans on . . . unsupportable optimism.”