THE DOCTRINE OF UNCONSCIONABILITY: IS IT APPROPRIATE FOR IT TO BECOME THE UNDERLYING PRINCIPLE FOR A CLAIM OF VOIDABLE CONTRACTS ON THE GROUNDS OF UNDUE INFLUENCE? Table of Contents 1.0 Introduction 3 2.0 Concept of undue influence 3 3.0 Doctrine of unconscionability
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Is there a need for a doctrine of unconscionability The doctrine of unconscionability prevents a contracting party from exploiting their full contracting rights when the courts feel that it is inequitable for them to do so. This essay shall examine the juristic basis of unconscionability with reference to the basic principles expounded in the classic case of Fry v Lane. It will conclude that there is no need for a doctrine of unconscionability because most of these cases can be explained on the
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independent existence for it is defined purely in terms of three factual requirements. The corollary is‚ of course‚ that unconscionability exists by definition whenever there is an assurance‚ reliance and detriment‚ because non-performance of the assurance after the detriment will always be unconscionable. Such a view is at odds with those who view unconscionability as at the heart of the doctrine – in the sense of providing its underlying rationale – because‚ quite simply‚ it denies the concept of any discernable
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predictable decisions which depend on all the circumstances of the particular case and which necessarily involve an element of impression. It therefore seems more profitable‚ outside the statutory contexts in which unconscionability is made a specific ground for relief‚ to approach unconscionability as a component of the general jurisdiction of the courts to grant relief in cases of equitable fraud‚ and to see unconscionable conduct as a circumstance which may attract the exercise of that
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contract or the terms and conditions are unjust that the court will be forced to decline it. The contract should be found both procedurally and substantively unconscionable for the court to prove it unconscionability. (D.R. Horton‚ Inc. v. Green‚ 120 Nev. 549‚ 553‚ 96 P.3d 1159‚ 1162) (2004). Unconscionability can be described
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have lost the skills to be considered for a position in a new company‚ the employer holds all the power. The key element of substantive unconscionability focuses on the terms of the contract and if those terms were written in an egregious manner by one party‚ when viewed in the light of the respective commercial market. An example of substantive unconscionability is the Championsworld v. USSF case. USSF was charged Championsworld a fee of 20% while the market rate was 2%. The court found the fee
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The Doctrine of Fascism Some General Ideological Features "Reactionary concepts plus revolutionary emotion result in Fascist mentality." -Wilhelm Reich Is nationalism inherently evil? Would a one-world government be more preferable? Are appreciating and defending one’s own culture and cultural values somehow primitive instincts that must be overcome by the educational efforts of the enlightened? We have all heard of Fascism
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The Reagan Doctrine Stephen Holifield Dr. Mickey Crews HIS 1112 July 8‚ 2012 As Ronald Reagan came into office‚ he was considered apprehensive of the Soviet Union. Throughout his presidency‚ he remained centered on the perceived threat to the safety and security of the United States from the Soviet Union and its Communist system. President Reagan rejected how most leaders in Washington perceived the cold war and how it should be handled. First
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The Monroe Doctrine became one of the crucial foundations of American foreign policy over the next century; what was the occasion for Monroe’s articulation of this doctrine‚ and what were the circumstances motivating its adoption? The occasion for Monroe Doctrine was to inform the world in principle the rights and interests of the United States and Russia. The Monroe‚ doctrine was used to inform not only the world by European nations that the northwest coast was part of the United States and colonization
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Employment-At-Will Doctrine In the United States‚ employees without a written employment contract generally can be fired for good cause‚ bad cause‚ or no cause at all; judicial exceptions to the rule seek to prevent wrongful termination. There are three exceptions to the doctrine that are recognized across the 50 states. These exceptions address employment terminations that are in line with the doctrine requirements but are probably not justified [Muhl‚ 2001]. Public-policy exception Under
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