Conscionable Or Not Essay

748 words - 3 pages

An important factor in contracts is that each side be aware of their responsibilities and rights under the agreement. As long as both parties know the terms of the contract it can be assumed that the contract will be impartial, or at least to the point that the contract is agreeable. This is essential for a contract to be enforceable. One defense available to attempt to void a contract is that the contract was unconscionable. Unconscionability in contracts is defined as giving one party, generally the one that drafts the contract, unreasonable and favorable conditions. In order for a contract to be deemed unconscionable it must be determined that no reasonable person would agree to the terms and conditions present in the contract. In the Williams v. Walker-Thomas Furniture Co. case, Williams purchases multiple items and agreed to pay them off all simultaneously, as if it was one purchase. Once Williams defaulted, the company tried to repossess all of the items as none of them were paid off in full. Williams’ case argued that the contract was unconscionable and that the store was well aware that Williams’ annual salary was $2,616. Regardless of Williams’ financial situation, I believe that this contract should be enforceable as the agreement is not unconscionable.
First of all I do not think that it is the store’s responsibility to determine if Williams can pay for the items he purchased on credit. This responsibility can be traced to the credit card company issuing Williams a credit limit he could not afford. If Williams purchased the items on store credit then the responsibility can be placed solely on Williams. Williams should be aware of how much Williams can afford to spend. Williams should also have waited to purchase additional items after previous ones were paid in full if financing was a problem. The store is not in charge of Williams’ financial health, even though they may have been aware of his salary of $2,616 they could not be certain Williams did not possess the funds to complete the transaction. Just because Williams did not currently make much money, a store cannot discriminate in case Williams indeed has money from previous jobs, inheritance or another source. A store should not be held...

Find Another Essay On Conscionable or Not


4311 words - 17 pages INTRODUCTIONIn the past fifteen years the concept of unconscionablitity has become a significant theme in the Australian law of contract. Liberal theories, which locate freedom of contract as central, have been tempered by an increasing emphasis on justice and conscionable conduct in contractual relations. Virginia courts have defined an unconscionable contract to be "one that no man in his senses and not under a delusion would make, on the one

Reality and Illusion in Shakespeare's Hamlet - Reality, Appearance and Deception

896 words - 4 pages Reality and Illusion in Hamlet   Shakespeare’s play, Hamlet, begins with the appearance of a ghost, an apparition, possibly a hallucination. Thus, from the beginning, Shakespeare presents the air of uncertainty, of the unnatural, which drives the action of the play and develops in the protagonist as a struggle to clarify what only seems to be absolute and what is actually reality. Hamlet's mind, therefore, becomes the central force of the

Sub-plots in Hamlet

1118 words - 4 pages Sub-plots in Hamlet   There are many things that critics say make Hamlet a "Great Work," one of which is the way that Shakespeare masterfully incorporates so many sub-plots into the story, and ties them all into the main plot of Hamlet’s revenge of his father’s murder. By the end of Act I, not only is the main plot identified, but many other sub-plots are introduced. Among the sub-plots are trust in the Ghost of King Hamlet, Fortinbras

Hamlet as Victim and Hero

1301 words - 5 pages : nevertheless not as I will, but as thou will" (The Holy Bible 1235). Hamlet realized, as Jesus did, that he was in a situation where he was the only man to do the job. Therefore, he forgot about his own death and suicidal thoughts and concentrated more on bringing his uncle to justice.   Throughout the play, Hamlet demonstrates a witty personality although he is bogged down by the knowledge of his father's murder. Ophelia noticed his

Essay on Light and Dark in Antigone

1188 words - 5 pages . It is clear that at the beginning of Antigone, the chorus favors the actions of Creon, or nomos. This is shown as Creon's intentions and retribution towards Polyneices are justified by jovial words and imagery involving light. In the battle between Eteocles and Polyneices, although both leaders were killed, Eteocles' army was the victor. To show that this was positive in the eyes of the gods, the first line of the Parodos in the Prologue refers

charant Creon as the Main Character of Antigone

1231 words - 5 pages stop his suffering. He poetically states in the play, "Come, thou most welcome Fate, Appear, O come; Bring my days' final date, Fill up their sum! Come quick, I pray; Let me not look upon another day!" (51). So with all this suffering, one might ask what the purpose of such a depressing play might be, or what lesson Sophocles attempts to teach us. This brings up the concept of morality. Creon did not get out of this sticky situation without

Free Macbeth Essays: Sleep and Sleeplessness

525 words - 2 pages on the country of Scotland. Lady Macbeth begins with an unrecognizable conscience. She explains to Macbeth that if she said she would kill her own child, she would rather do the deed than break her word to do so. As the play continues, however, Lady Macbeth begins to develop a conscience. After placing the daggers for Duncan's murder, she makes an excuse for not killing Duncan herself: "Had he not resembled / My father as he slept, I had

Life Outside of Life in Hawthorne’s Wakefield

898 words - 4 pages through his experience, but has no such consciousness of his transformation. A work of literature affects the reader by appealing to his or her matter of perspective. Though contrasting out of context, two particular assessments of Wakefield-- one derived from an existentialist viewpoint, the other stemming from a truly feminist archetype— do agree on the conflict of Mr. Wakefield’s actions versus himself and the inconclusive nature of that

Essay on Identity in Song of Solomon

2172 words - 9 pages to Jamaica could all fly. They had never eaten salt. Those who ate salt after they arrived, stayed and became slaves because salt made them too heavy to fly. Those who did not partake, flew back to Africa. (Hurston 315). Whether Africans really fly or just escape a monumental burden, perhaps only through death, is a decision Toni Morrison has apparently left to her readers. Never the less, no matter what you believe, within Song of Solomon, the

The Character of Oedipus in Oedipus and The Infernal Machine

904 words - 4 pages , as Oedipus will not heed their pleas. Contrary to one another, are Seneca and Cocteau's views on Oedipus's reasons for being so pertinacious in his search for the killer of Laius. Seneca's Oedipus, a stately, old, and sage man, is committed to his role as king. But under the present circumstances, in which a horrible plague ravages Thebes, Oedipus with all his human powers a nd abilities, is not able to provide assistance. Only can he pray

Okonkwo's Tragic Flaws in Chinua Achebe's Things Fall Apart

3121 words - 12 pages for help, made it a goal to rise above his struggles in order to become the man his father was not, once again displaying the tragic flaw of determination. Okonkwo's method of measuring his own potential for greatness is in his ability (or lack there of in times of difficulty) to provide for his family. For fear of seeming weak, Okonkwo overcompensates with his family. As a family man, Okonkwo displays his strength physically and emotionally

Similar Essays

Evans & Cheevers "Cruel Sufferings" Felltham's "Of Puritans" Discusses Representations Of Spirituality, Religion And Religious Difference.

673 words - 3 pages being questioned of their faith they answer honestly, though they will not swear to it. Their beliefs are simple; they rigidly follow what is written in the Scriptures. They do not find the words "Catholic", "sacrament" or "purgatory" in the Scriptures and therefore did not acknowledge them. Their guidelines are very narrow, black and white with no gray areas. It is interesting to me that these women, who must have experienced persecution on

Forum Selection Clauses An Argument For Their Use Case Precedents And Arguments On Why Forum Selection Clauses Included In Contracts Should Be Legal And Binding.

1850 words - 7 pages pursuing the case in Florida per the clause.Forum selection clauses are enforceable and conscionable in consumer contracts. In the Microsoft, Bremen, and Carnival Cruise and cases the forum selection clauses met all reasonable standards of conspicuousness, did not evidence fraud, nor were there any serious inconveniences of trial. Without the protection afforded by such a clause, a company could be subjected to the whim of any state or nation

Racial Profiling: The Color Of Justice In America

1120 words - 4 pages not proven where they came from. Due to that, we cannot know if these statistics are powerful and relevant or not. Furthermore, Cole fails when he uses complicated language such as ACLU assuming that all his readers would know that it is the abbreviation of the American Civil Liberties Union. Because of that it could compromise the understanding of his readers. Racial profiling is not an isolated problem, it is a coast to coast epidemic, and

Gillett V. Holt Essay

2974 words - 12 pages remit whilst giving greater emphasis to unconscionability as the basis for successful claims. In Jones v Watkins (unreported)[7], Slade LJ's judgment contains some important observations about the possibility of proprietary estoppel arising from an equivocal representation: 'The equivocal nature of the promises found by the judge is clearly one relevant factor when considering whether or not it would be unconscionable