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  • Unconscionable Case Study

    Unconscionable and Unenforceable After a period of time, Walker has fallen behind on payments and is now in collections, her granddaughter has composed a letter in Walker’s behalf, stating that the entire deal is unconscionable and therefore unenforceable. In contract law an unconscionable contract is one that is unjust or extremely one-sided in favor of the person who has the superior bargaining power. Courts find that unconscionable contracts usually result from the exploitation of consumers who are often poorly educated, impoverished, and unable to find the best price available in the competitive marketplace.” (Legal dictionary, para. 2). In Walker’s situation, she would have a chance in court to prove that Takem’s business has displayed “an inequality of bargaining power,” as citied in Tillman v. Commercial Credit Loans, Inc., (Becker & Sechrist, 2014, p. 636). This type of inequality is referred to procedural unconscionability, whereas, “concerns are in the formation of the contract, with courts often focusing on the relative bargaining powers of the parties and their ability to understand the terms of the agreement” (Bagby & Souza, 2013, p. 194). Due to Walker’s lack of education, and the outlandish additional fees, a court may rule that this contract is unconscionable. As stated previously, Takem’s contract with Walker “lacks enforceability,” rather than, is an unenforceable contract, due to the fact that in Virginia: If the court as a matter of law finds a lease…

    Words: 1130 - Pages: 5
  • Enforcement And Voidable Contract Analysis

    purpose of this paper is to discover the nature of the contract formation and enforcement by analysis the essential elements for the contract establishment, Statute of Frauds, legal and equitable remedies, and void, voidable, express and implied contracts. Essential Elements of Contract Contracts play the role of regulators of sufficient relations in the business world (Emerson, 2009). Nonetheless, the contracts…

    Words: 1165 - Pages: 5
  • Candy And Blair Case Summary

    fraudulent misrepresentation during the negotiation? If a fraudulent misrepresentation happened, the contract between Candy and Blair would be voidable. It is well accepted that fraudulent misrepresentation means the intentional and untrue statement of one party to the other. The action consists of the following elements: ‘there is a statement of fact; that statement of fact is false; the representor knows that statement of fact to be false or has no belief in its truth; the representor intends…

    Words: 1347 - Pages: 5
  • Compumac Case Summary

    recover the money from the minor. An exception exists if the money was used by the minor to purchase necessaries: Marlow v Pitfield(1719). In this case, the training is not a necessary. Necessaries need not be confined to necessities: Peter v Fleming(1840). However, it is not necessary for Cherlyn to be “extremely proficient” at handling support services calls. She just needs to proficient. Accordingly, this loan by the company cannot be recovered. b) The rental agreement is voidable. Cherlyn…

    Words: 1542 - Pages: 7
  • Byer And Celia Cellar Case Study

    For Byer and Cellar, they have a valid contract. As for the rest of the definitions, Byer and Cellar case does not apply. A void contract is missing an essential element. For example, I will sell you my car, but I do not have one to sell. A voidable contract works the same way as the void contract by missing essential elements, but the decision to enforce the contract is between the parties. A voidable contract, one of the parties is legally responsible to honor the agreement. The…

    Words: 1050 - Pages: 5
  • Assignment 1 Pertract Case Study: Contract Problem Case

    Assignment 1 Contract Problem Case Study Introduction The contract is a voidable contract. It is an express and implied understanding that the agreement was legally binding, meaning that, it would be enforceable by the courts if the parties took legal action to resolve the dispute between them. This case is a contract case since both parties have come up with the business agreement. That is, LNPL will provide service to Mr Garae and Mr Garae in return will pay for this service offer. Mr Garae…

    Words: 1063 - Pages: 5
  • Business Law Case 5.1 Liquidated Breaches

    building. (§373) 6. Defenses 6.1 Saks’ Defense • Mistake o Saks legitimately believed that the Article that they possessed was the correct Article I of the contract. It can be assumed that they unknowingly breached because they were waiting for Maller to provide the funds. This mistake was a basic assumption of material fact. (§153) o In most cases this would make the contract voidable, but in this circumstance Maller was potentially unaware that there was a mistake in understanding of Article…

    Words: 1237 - Pages: 5
  • Sherwood V Walker Case Study

    Both parties were mutually mistaken of the product and in this case, the buyer benefit while the seller is at a loss. Since the seller is at a loss, he decided not to sell his cow because of it worth much more than the agreed price. When both parties failed to recognize the true quality of the product, the contract is voidable, but in this case, the court ruled in favor of the buyer because both parties agreed on the price prior the discovering that it was a fertile cow. The court finds the…

    Words: 1528 - Pages: 7
  • Marshall Peterson Case

    nor did I authorize my son to enter into an agreement with him. An early 1900’s court case, Alexander v. Bosworth, concluded, "Party cannot be bound by contract that he has not made or authorized" (1915). My family can pursue some possible legal defenses in the event that Marshall seeks to take legal action using this contract as his defense. Our defense would be that Marshall entered into a contract with my son, without my knowledge, and that the contract is voidable due to his lack of legal…

    Words: 1077 - Pages: 5
  • Halpert V. Rosenthal Summary

    Based on the facts of the case we can infer that the buyer and the seller have a contract. A misrepresentation is a false statement made by one party in a contract, for example my textbook is brand new when in fact it’s twenty years old. This would be a misrepresentation. Misrepresentations make a contract voidable because it causes one party to enter into a contract under a fictitious statement. The four elements of misrepresentation are: a misrepresentation has occurred, the misrepresentation…

    Words: 851 - Pages: 4
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