FACTS: Julie, a widow who is receiving public assistance, has an 18 month old ch

Question

FACTS: Julie, a widow who is receiving public assistance, has an 18 month old child who has a bacterial ear infection. Because of the child’s age the child needs to be treated with liquid antibiotics that must be refrigerated. Julie needs to replace her non-functioning refrigerator, but does not have cash or a credit card to pay for a new refrigerator. She goes to “Easy-Buy” appliance store where the salesperson agrees to sell her a $400.00 refrigerator financed through in-store credit. The terms of the credit agreement include an interest rate where she will end up paying $1,200.00 for the refrigerator and if she defaults on any payment the store has the right to repossess the refrigerator and any other household goods to satisfy her outstanding debt to the store. Julie defaults on a payment to Easy-Buy and is afraid the store will repossess all of her household goods.

QUESTIONS: Can Julie rescind the contract based on fraudulent misrepresentation?

Explain Can Julie rescind the contract based on negligent misrepresentation?

Explain Can Julie rescind the contract based on undue influence? Explain Can Julie rescind the contract based on duress?

Explain Can Julie rescind the contract based on unconscionability? Explain

Explanation / Answer

In this case, Julie can rescind the contract based on unconscionability. The contract is overwhelmingly one sided and in favour of EasyBuy. Since Julie is desperate to have the refrigerator for the sake of her 18 month old child, the seller has a significant bargaining power. The consideration (refrigerator) value is far lower than the value of other household goods being repossessed to meet the outstanding debt. The contract is contrary to good conscience and is unenforcebale since it is unfair to the party seeking to escape the contract. Case laws Williams v. Walker-Thomas Furniture Co. may be applied in this case.

The other basis for rescinding the contract may not be applicable:

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