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...

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