Case Briefs

Unconscionability and fairness in contract law

Unconscionable Terms and Fairness in Contracts

Unconscionable terms in contracts – or the concept of unconscionability – addresses the issue of fairness in contractual relationships. It relates to the formation of contracts, or specific terms thereof, that are deemed unconscionable or unfair. The starting point is that ordinarily the courts will not inquire about the fairness of a contract, and will …

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hammer, books, law

Case Brief: Osprey v. Kelley-Moore Paint

Osprey v. Kelley-More Paint, 984 P.2d 194 (Okla. 1999) is an Oklahoma Supreme Court case. The case concerns the validity of an acceptance and underlines the importance of precision when it comes to drafting contracts. Facts The appellant, Osprey, was an Oklahoma limited liability company that owned commercial property in Edmond, Oklahoma. The appellee, Kelley-Moore …

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Beer Capitol Distributing v. Guinness Bass Import Co.

Case Brief: Beer Capital Distributing v. Guinness Bass Import Co.

Beer Capital Distributing v. Guinness Bass Import Co., 290 F.3d 877 (2002) is one of the leading cases on promissory estoppel. The decision in this case comes from the US Court of Appeals for the 7th Circuit and it was decided in 2002. Facts  A company called Beer Capital was for several years the distributor …

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