Cases Analysis Part 3 Coursework Example | Topics and Well Written Essays - 1250 words

Cases Analysis Part 3 - Coursework ExampleIn this particularized case, stating that if Williams invariably missed a payment, the store could repossess all the items that Williams had ever bought from Walker, regardless of how long ago they were purchased is a strong example of unconscionable clause. If the clause referred only to that virtuoso purchase to which the missed payment referred, it would not be considered un healthy and unfair. I believe that in this case, the negociate power of the parties was definitely unequal, placing the consumer in a disadvantaged position. Therefore, Williams should ask the Court not to compel this specific clause, based on its unconscionability and unfairness. Moreover, in multiple previous cases, it was held that a court can refuse to enforce a clause, if it considers it unconscionable. For example, a leading case in this is Scott v. United States2, where it was held by the Supreme Court that If a acquire be unreasonable and unconscionable, but not void for fraud, a court of law go away give to the party who sues for its breach damages, not according to its letter, but only such as he is equitably entitled to. Also, the Uniform Commercial Code provides exact stipulations on this matter in divide 2-302, where it stipulates that (1) If the court as a matter of law finds the coerce or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the applications programme of any unconscionable clause as to avoid any unconscionable result. (2) When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose and effect to aid the court in making the determination. 3 This means that by law, Courts are entitle d to refuse to enforce a contract or a clause, if it finds it unconscionable, which is the case of Williams. CHAPTER 12 CASE 3 There are several bares that sensible horizon House Microwave Inc. can use in its favor. First of all, it refers to Halls reasons to getting a job for HHM. If Hall decided to become an employee at HHM only because of the promise he was made by Bazzy, it is one thing. BUT, if Hall had been working for HHM for a period prior to the promise, the situation changes. This means that while world employed at HHM, Hall received a full salary package and he was genuinely fairly remunerated for his work and he suffered no material loss for not purchasing society stocks. Therefore, no material damages can be claimed by Hall from HHM. Another important issue that could be used by Bazzy to refuse to sell stock to Hall as agreed may be the lack of a written agreement on this, that would confirm Bazzys intention to be bound to the verbal promise he has made. I would ad vise Bazzy to refer to the General Statutes, specifically 42a-8-319 where it is expressly stipulated that A contract for the sale of securities is not enforceable by way of action or confession unless (a) there is some writing signed by the party against whom enforcement is sought or by his definitive agent or broker sufficient to indicate that a contract has been made for sale of a stated quantity of described securities at a defined or stated price or (b) delivery of the security has been accepted or payment has been made but the contract is