Brief Written. Legal Brief – Smith’s Case. Law Coursework

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December 19, 2019
Legal Brief – Smith’s Case
Facts and Summary:
The case at hand stems from a lawsuit filed by Harry Smith against Mr. Martin and the brokerage firm (Firm) where he is working. The plaintiff (Smith) alleges that he cannot sell his house because of the lease contracts that he entered into with the respondents (Martin and the firm) and contends that the contract should be voided for being unconscionable. However, a perusal of the facts and the law would show that the contract is invalid and thus should be considered as null and void.
Analysis:
The plaintiff alleges that the contract entered into between him and the respondent was invalid since it falls within the ambit of an ‘unconscionable contract’, especially since the stipulated rates ($1,167/month and $400/month) are below the prevailing minimum rates ($1,950) in the same area. Accordingly, this is a type of procedural unconscionability because of the lack of the plaintiff’s knowledge in negotiating is a valid ground to conclude that he is a weaker party in the negotiations. In fact, the respondents are established in the said business and they have both the knowledge and resources that the quoted rates for Mr. Smith are way below the acceptable minimum.
In light of this, t...