Without a question, if cons cannot allocate, it should throw some exception; the code with its best intentions should be there. That way, someone who can tune their operating system or run on a MMU-less system can take advantage of it. The rest of the people won't actually it though; their system will thrash and either it or they will kill the offending process before it has a chance to reach that exception throw. That's if they don't run out of patience and just reboot the machine.
