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The Case Of The Salesman

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The salesman has no duty to read the agreement to Letisha. Letisha is obligated to read and know what she signs and will be bound by its terms even if she doesn’t read them. Both parties are entitled to receive copies of the agreement. Sudson Washer and Dryer Service (“Sudson”) should make contracts easier to read and understand, as their customers are not experts in legal language. They can place verbiage such as “Page 1 of 2” or have the customer initial each page and each provision of the agreement to confirm they have read the terms of the agreement. They can draw attention to provisions that have serious consequences for the customer in case of a breach. The disclaimer may be legally adequate but not ethically appropriate. After a contract is formed, if one of the parties to the contract tries to get out of it by refusing to deliver, that party must raise a valid defense to the contract. However, only certain defenses are applicable such as, mistakes, fraud, duress, or unconscionability. A mistake occurs when parties have a mistaken belief about a fact upon entering into a contract. If only one party is mistaken, it is a unilateral mistake, and generally contract performance is not excused, and breaching may have consequences. In a bilateral mistake situation, both parties are mistaken, and the contract will generally be void. The unilateral mistake rule would not apply if Sudson is found to have misled Letisha. Unilateral mistakes can also void a contract if one side

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