HRM 3420 Lecture Notes - Lecture 3: Oral Contract, Unconscionability
22 Feb 2018
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Digest case: what kind of issue is it? (3 types) Each party has to be fair to the other party. It doesn"t mean you cannot get the best deal possible but you have to do it fairly (not lying). Oral or written contracts are both equally enforceable. Oral contracts might be harder to prove but they are equal: express v. implied terms. The parties might not even realize that they agreed to some of the terms. Before the money gets on the table there is a lot of things that are being said. |it is not always common law of reasonable notice| it will depend on the circumstance. Inequal bargaining power/ unconscionability / no choice: kind of the same thing as saying that you"re going to kill someone close to them if they don"t agree with you (signing a contract). Also, you have to prove that this person didn"t really want to.
