Re: Re: Fwd: CNI-COPYRIGHT Digest #2106

From: Brock Shinen <brock[_at_]frenzellaw.com>
Date: Thu, 28 Aug 2003 14:09:32 -0400


I believe many of the cases dealing with unconscionable contracts dealt with people buying furniture from stores on credit that required the customers to give the store a right to walk (literally) into their house and take back the furniture, no matter how much was paid on it. Something like that. The point was that the customer (usually impoverished) had no choice but to sign the agreement, and the terms were so unequal, and the bargaining position of the parties was so one sided, that the courts refused to enforce those agreements.

Brock

On 8/28/03 8:00 AM, "I.R.Maturana" <irm[_at_]in3activa.net> wrote:

>> There are many things that could make a contract
>> unenforceable, such as
>> illegality, unconscionability, and coercion.  Often,
>> contracts of adhesion are not enforceable because the parties are not on

> equal
>> terms.  Thus, yes, some promises are unenforceable.
>> -Bodi

>
> "A contract is not enforceable if parties are not on equal terms" ?
>
> Can you provide references for this ?
>
> Thanks
Received on Thu Aug 28 2003 - 22:09:32 GMT

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