Voidable

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    Unconscionable Case Study

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    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…

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    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…

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    elect to stop doing business with Marshall, what legal causes of action might he bring against your company, what damages or remedies might he seek, and what legal defenses might your company have? In the state of Alabama, the age of majority is 19 years (Alabama, 2016). Since Alabama does not recognize a child under the age of 19 as an adult, due to lack of maturity or ignorance, any contractual liabilities would be voidable (Schaefer, 2010-2011). Business owners are responsible for being…

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    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…

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    Compumac Case Summary

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    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…

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    Penal Codes

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    protection for “Lake Okeechobee and the northern Everglades ecosystem” (Cheeseman, 2013, p. 13). #2 Contract law is distinguished by four categories, valid, void, voidable, and unenforceable. Valid contracts carry out an objective, have satisfactory consideration, and both parties in the contract have contractual capacity and an agreement (Cheeseman, 2013, p. 185). If all the necessary elements are met, then a valid contract can be enforced. For example, Lisa enters into a written contract to…

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    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…

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    You asked me to discuss what a party to a contract must do to show he executed an agreement under duress for the purposes of rendering a contract voidable. Part I discusses the elements of duress. Part II discusses why signing a contract under economic duress does not generally render a contract voidable. Part III discusses the elements of undue influence as an alternative to duress. Discussion I. Duress Generally For a party to prove that he signed an agreement under duress, he must satisfy…

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    Baillment Case

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    car without due compensation – his Mustang or $5,000. Good faith purchase. From the case study material, it is clear that Benjamin defrauded the used car dealer. Consequently, the dealer and new GTO owner purchased the car in good faith – honesty in fact – in the ordinary course of fair dealing in business (Legal Information Institute, 2015d, para. 22). Furthermore, North Carolina General Statues § 25-2-403 (2014) defined the standard of good faith purchases such that: “[a] person with…

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    Marshall Peterson Case

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    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…

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