Asked by
Michael Clemente
on Nov 10, 2024
Verified
It came to your attention that your great-grandmother had signed a contract pursuant to which she would be paying $5000 for an electronic organ that retails in reputable stores for $3000. Furthermore, the interest being charged is 18%, even though today's rate fell to a 20-year low. This debt is totally out of line with her pension income. It is apparent that she was misled by the door-to-door salesman who came to her place. On these facts, which of the following laws is the most likely to help her?
A) Undue influence only
B) Unconscionability only
C) Misrepresentation only
D) Non est factum
E) Both unconscionability and misrepresentation
Unconscionability
A situation where a contract or term is so unjust or overwhelmingly one-sided that it is deemed unenforceable by the law.
Misrepresentation
A false statement of fact made by one party to another, which induces the latter to enter into a contract.
Electronic Organ
An electronic keyboard instrument designed to mimic the sound and function of a traditional pipe organ.
- Analyze the role of undue influence, unconscionability, and duress in the context of contract law.
- Discern the multiple corrective actions available to misrepresentation sufferers and the unique circumstances under which each action is applicable.
Verified Answer
AP
Learning Objectives
- Analyze the role of undue influence, unconscionability, and duress in the context of contract law.
- Discern the multiple corrective actions available to misrepresentation sufferers and the unique circumstances under which each action is applicable.