John
Rhinelander,#2Consumer Suggestion
Sun, July 01, 2007
You are right Barry, but unless they held a gun to her head when she signed, then its buyer beware. She has no case.
Barry
Dallas,#3Consumer Suggestion
Sun, July 01, 2007
A contract that is one-sided, giving all rights and power to one party, and none to the other, is "unconscionable." unconscionable adj. referring to a contract or bargain which is so unfair to a party that no reasonable or informed person would agree to it. In a suit for breach of contract, a court will not enforce an unconscionable contract (award damages or order specific performance) against the person unfairly treated on the theory that he/she was misled, lacked information, or signed under duress or misunderstanding. It is similar to an "adhesion contract," in which one party has taken advantage of a person dealing from weakness. An attorney specializing in commercial transactions can assist you. No one would have someone sign a contract that they "couldn't get out of" unless they feared a LOT of people would be wanting out of it.