Plaw 210 Memorandum of Law Essay

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To: Professor Susan Patrick From: Virginia M Garman Date: March 4, 2013 Re: Memorandum of Law; Rough Draft QUESTION PRESENTED You asked me to answer the question, “Are the Virginia courts likely to follow the unconscionability doctrine as set out and applied in Jones v. Star Credit Corp.", based on the opinion and rulings of previous similar cases. SHORT ANSWER The Virginia courts are highly likely to follow the unconscionability doctrine that has been set out and applied in Jones v. Star Credit Corp. The Jones purchased a freezer unit from Star Credit Corp for $900, three times the retail value of the unit. In this case, the court held that the contract between parties was unconscionable because it violated [HN2] U.C.C. § 2-302…show more content…
Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) Husband filed a cross-bill on claims of his wife’s adultery, and persuasion to sign a property settlement agreement without consultation with counsel. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) The husband claimed he was coerced into signing the papers with a false pretense of his wife’s eventual return to the family home. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) In this case, Sandra A. Derby had been married to George E. Derby, Jr. for 22 years before seeking a divorce alleging cruelty. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) The wife managed to persuade her husband to amend their property settlement agreement, allowing her to receive the entire value of essentially all of the valuable real estate that they owned. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) This took place in a parking lot with no consultation or counselor present. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) The husband explained that he signed the agreement because he thought if he did, his wife would return to the home. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) Evidence of his wife’s adultery was presented at trial and the husband was granted a divorce on that ground by the trial court. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) The trial court also held that the separation agreement was invalid due to terms of unconscionability and constructive fraud or duress. Derby v. Derby, 378 S.E. 2d

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