Unenforceable

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…

the contract decides to move forward with it, then the other party is legally obligated to perform the contract. In most, but not all, cases parties that are minors, insane, intoxicated, under duress, do not have contractual capacity and are legally able to disaffirm a contract (Cheeseman, 2013, p. 186). For instance, while Jamie was heavily intoxicated, he agreed to sell his car to Jamie for only $500 although it was valued at $5,000. After Jamie was sober, he realized what he had done and…

In view of an enforceable contract five specific elements must be in place. These elements can make the difference between an enforceable or unenforceable contract. According to Seaquist (2012, chapter 9.2), a contract must contain at least one promise that are enforceable, however, not all promises rise to the level of a contract. The five elements need to be present for the contract to be valid. These elements include offer, acceptance, consideration, capacity, and legality. In addition, this…

Question Presented Under New Hampshire common law, a non-compete agreement is unenforceable if it is found to be unreasonable; can a non-compete agreement be found unreasonable when it is for three years and thirty-five miles from the employees’ principal place of business after termination? Brief Answer Most likely no. To prove that a non-compete agreement is unenforceable, under New Hampshire common law, the employee must show that it was unreasonably written. To show that a non-compete…

Jeremy Bentham’s publications and works such as Anarchical Fallacies contain what has been claimed to be one of the most influential critiques of natural rights, and thus human rights, ever published (Schofield, 2003, p. 2). This critique of natural rights is a theme which is present throughout Bentham’s writing, from beginning to end. Bentham’s reference to natural rights as “nonsense on stilts” is directly referring to his rejection of the notion of natural rights, and whilst some argue for…

A case which did not pair was the Elvis case, where his fiancé was promised to have the balance paid for her mortgage. This case or “contract” was not enforceable because the promise would have been a gift, therefore having no grounds to be followed through on. The reason why this is considered a “gift” and unenforceable is because there is no exchange of anything, only Elvis giving (or in this case would have given) the money to pay off his fiancé’s mortgages. What a business (or society in…

Certain persons do not have this capacity, for example, minors mentally incompetent persons and people under the influence of drugs or alcohol. Legality: a contract must have legal purpose. Under the modern law of contracts, a contract is considered supported by legal value if the promise suffers a legal loss or the promiser receives a legal benefit. 2. An unenforceable contract it is not enforced due to a legal defense. The contract cannot be enforced in a court of law. For example, Mary…

App. 108, 140 n.10 (2002). Indeed, in Maryland the questions of whether a fraud has been committed with respect to a contract and whether a plaintiff may prevail in a breach of contract action are completely separate inquiries. This principle is illustrated by the fact that in Maryland, the statute of frauds may operate to render a contract unenforceable, but it does not make the contract void. Daugherty v. Kessler, 264 Md. 281, 285-86 (1972) (“The agreement need not, however, be enforceable…

have “several approaches to save the vendee from forfeiture” (Nelson, 2015, p. 314). Likewise, the best and most fair approach is to terminate forfeiture when the buyer has paid a certain percentage of the purchase price (Professor Murray, lecture, October 26, 2016). The 2014 court case in Kentucky known as Watkins v. Eads demonstrates that although the buyer may have defaulted, the forfeiture may be void and unenforceable. The Eads filed a complaint against Watkins for defaulting payments under…

shows a positive relation between spouses in a different light, some people are paranoid when it comes to a prenuptial agreement, they thought that it is a message that the marriage is bound to fail. A prenuptial agreement should be in writing and completed to be enforceable to protects both spouses. It should be a fully executed contract to consider the agreement valid. Sometimes it can be unenforceable when one of the parties has a lower financial situation and using the same law firm. To…