101 to 130 - a Legal Purpose(Hypothetical#101 F Cheltenham...

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a. Legal Purpose (Hypothetical #101) F: Cheltenham Tax officer that is a compulsive gambler. I: Can Mrs. Smith enforce the agreement? ROL: No, the Contract is void. Agreements to interfere with the administration of justice are against public policy and will not be enforced. This is called blackmail. b. Legal Purpose (Hypothetical #102) F: Judge Cerski running for reelection I: Should Jessica receive a refund? ROL: This is considered a bribe and Jessica will not receive a refund because the public has a right to assume public official will perform their duties properly and honestly. c. Legal Purpose (Hypothetical #103) F: Danielle pays for eleven out of twelve months I: Should this agreement or clause stand? ROL: No, the agreement is unconscionable. An unconscionable agreement is one that is entered into under the following circumstances; a party lacks the knowledge and/or understanding of the terms of the agreement or the agreement is too grossly unfair or harsh. d. Legal Purpose (Hypothetical #104) F: Lawn mower example I: Can you file a suit against Glenside? ROL: Yes, Glenside would be liable because the terms are unconscionable. Also, Glenside is in a superior bargaining position. Finally, Glenside would be liable because of the negligence of the repairman. e. Legal Purpose (Hypothetical #105) F: Oak Summit door falls on Nick I: Will Oak Summit be held liable? ROL: Yes, Oak Summit would be liable because the clause was against public policy. The contract was one of adhesion because the apartment complex offers a contract on a take it or leave it basis. The unrepaired door was Oak Summit’s negligence and lack of maintenance. f.
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This note was uploaded on 12/17/2011 for the course UNDECIDED 200's taught by Professor Reedy during the Spring '11 term at Arcadia University.

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101 to 130 - a Legal Purpose(Hypothetical#101 F Cheltenham...

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