Therefore it is unenforceable rule of law a provision

This preview shows page 1 - 2 out of 2 pages.

Therefore, it is unenforceable. Rule of Law : A provision has procedural unconscionability, because the limitation of remedies contained on the Assert label was pre-printed and not negotiated. This is a substantial inequality in bargaining power. Additionally, there is substantive unconscionability, since there is a one-sidedness of the limitation of remedies provision. Problems 1. The contractual modification is only binding if it is expressed in writing. Any modification must be expressed in writing, even if the contract was initially oral. 2. This letter solidifies and enacts the alterations in the agreement from sixty to thirty days. 3. Whatever location was first decided while agreeing on the contract is where any dispute would be resolved.
Image of page 1

Subscribe to view the full document.

4. A) Brown & Assoc. must abide to US Electronics B) This scenario is debatable C) Browne would have to abide. 5. The modification is only binding, if the change was written. Also, once the buyer accepts the changes, the agreement is binding.
Image of page 2
  • Spring '13
  • Prof.NormanBerle
  • Contract Law, Defendant Randy Carter, Plaintiff Tokai Financial, DJ Coleman

{[ snackBarMessage ]}

Get FREE access by uploading your study materials

Upload your study materials now and get free access to over 25 million documents.

Upload now for FREE access Or pay now for instant access
Christopher Reinemann
"Before using Course Hero my grade was at 78%. By the end of the semester my grade was at 90%. I could not have done it without all the class material I found."
— Christopher R., University of Rhode Island '15, Course Hero Intern

Ask a question for free

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern