Thursday, October 31, 2019
Memorandum Law Research on Law Cases Case Study
Memorandum Law Research on Law Cases - Case Study Example Before the case started, the complainant had paid $600 towards the purchase of the freezer. Jones found out and sued the Star Credit Corps for contract rescission. During the case the court fund the terms of the purchase to be unconscionable, they award the complainant with the freezer at a price of $600 to which he had already paid. The court found the contract unconscionable because of the gross inadequacy in the value of the freezer and the price at which it was to be sold. It was found that the credit charges in the contract exceeded the value of the freezer. The purchaser of the freezer was found to be limited financially during the time of purchase to which the seller also knew. The case of the Derby v. Derby is one that is based on divorce. The two were married for twenty two years before Mrs. Derby filed for divorce citing cruelty, years later Mr. Derby alleged adultery and by the wife severally. The court found out that Mr. Derby had signed out an agreement that had been brought to him by the wife citing that he had done so to secure their marriage. The husband says that the wife had promised to live with him if he signed the agreement of her having a real estate that they owned. The court in it ruling stated that, the wife had been opportunistic and used the fact that the husband had been convinced to sign the agreement for them to move back in together. Mr. Derby to sign the agreement in the absence of his lawyer because of the consideration that were misrepresented by the conduct of Mrs. Derby accepting to go back to the husband (Derby v. Derby, 378 S.E.2d 74 (Va. Ct. App. 1989)). The court found the agreement to be invalid as it was unconscionable, the wife had taken advantage of her husbandââ¬â¢s emotional weakness and need to rebuild his family to agree. It was not out of free will and voluntary, but it was because of a condition stated. In relation to the Jones case, the intention of the
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