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On April 15, 2009, the District Court for the Northern District of Texas denied Blockbuster's motion to compel and ruled that Blockbuster Online's Terms and Conditions were unenforceable because they gave Blockbuster too much discretion in modifying the terms of the agreement. Following the reasoning in a Fifth Circuit case, Morrison v.
After Demotsis refused to repay the loan once the war was over, Batsakis sued and Demotsis asserted as her defense that the contract was unenforceable due to a lack of consideration (the element of exchange generally necessary to make a contract valid in common law systems) and that Batsakis's delivery of 500,000 drachmae, with a putative value ...
Also if the agreement is part of a general employment contract then there is the possibility of a prior breach by an employer. This may cause the non-compete clause of the contract to become unenforceable. However, recent case law from Florida's appellate courts may reduce the scope of the prior breach defense. [27]
The distributors argued that the Amway has superior bargaining power and made this modification in the agreement unilaterally, making it a unconscionable contract of adhesion. The appeals court ruled in favor of the plaintiff and held that the arbitration agreement was illusory, lacking in consideration, and unenforceable. The District court ...
In contract law, a forum selection clause (sometimes called a dispute resolution clause, choice of court clause, governing law clause, jurisdiction clause or an arbitration clause, depending on its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum.
Following an appellate court ruling a decade earlier, it reads the 1925 Federal Arbitration Act (FAA) to require that any challenges to the enforceability of such a contract first be heard by an arbitrator, not a court, unless the claim is that the clause itself is unenforceable. The case arose from a claim by a New Jersey manufacturer that a ...
A reddit thread by r/todayilearned on mutual combat drew a robust crowd to comment. “TIL that Texas still has a mutual combat law. This means that dueling is still legal according the Texas ...
Williams v. Walker-Thomas Furniture Co., 350 F.2d 445 (D.C. Cir. 1965), was a court opinion, written by Judge J. Skelly Wright, that had a definitive discussion of unconscionability as a defense to enforcement of contracts in American contract law. As a staple of first-year law school contract law courses, it has been briefed extensively. [1] [2]