Law BRIEF: ROUGH DRAFT ASSIGNMENT INSTRUCTIONS

The Law Offices of Patrick, Wayne and Swayze

To: Legal Assistant

From: Susan K. Patrick, Esq.

RE: Andrew and Allison Jones, Unconscionability defense – Firm File number 4182016

I just met with Andrew and Allison Jones. They recently purchased a laundry pair from Advantage Housewares in Greenacre, Virginia. The Jones think they may have been the recipients of a bad contract. Now, they have been named as defendants in a lawsuit by Advantage to have the contract enforced.

Since you researched and drafted a memo on the Virginia standard of unconscionability, I would like for you to provide me with a rough draft of a brief we can eventually file with the trial court. Hopefully, we can assert that the enforcement of the remainder of the contract would be unconscionable.

You did a nice job breaking the law into two different elements in your memo: 1) gross disparity, and 2) overreaching/oppressive influences. Please use this same breakdown of the law, but incorporate the feedback that I provided to you. Also, make sure to apply the rules to the facts of the client’s case. Remember, the court in which we will file the brief follows the Bluebook citation method and only permits in-text citation.

We don’t know the case number yet, so you don’t need to include a case caption or title. Instead, start with the introduction and follow the format that we use for a trial-level brief. Please provide me with your rough draft by Sunday of Module 5: Week 5 at 11:59 pm. You can find my notes from the interview below.

Notes from Interview:

Andrew and Allison Jones returned home from a shopping trip to find that their washer and dryer had both stopped working. The Joneses live in a rural area of Virginia known as Greenacre. As a result, they do not have access to a laundromat. This means that needed to quickly purchase a washer and dryer set to be able to clean their laundry.

Unfortunately, the Joneses were going through a difficult financial period. As a result, they decided to go to a store that would allow them to make small monthly payments over a period of time, but acquire the set immediately. They understood that they may pay a bit more overall, but felt the quick delivery and extended payment would be worth the slight additional cost.

After visiting several different stores and being told they would not qualify, the Joneses stopped at Advantage Housewares. The top salesman was Paul Plyburn. Paul met the Joneses at the door and welcomed them into the store. He asked if there was anything he could help them find, and Andrew told him their story. Paul was more than happy to help. He explained that they would pay a bit more in the long run, but the price would still be competitive. He also stated that they would be able to have their new set delivered that afternoon.

The Joneses were thrilled. They followed Paul to his office, signed an agreement stating that they would make 12 monthly payments. Each payment would be for $250. The Joneses thought this price was a bit high but knew they could make the $250 payment each month and felt that they didn’t have any other options. Advantage delivered the set later that afternoon.

Month four was a difficult month for Andrew and Allison. Andrew’s mother passed away and Allison’s father fell ill. The family was very busy making funeral arrangements and taking care of Allison’s father. Unfortunately, the Joneses missed their month four payment. On the first day of month five, Allison realized what had happened. She immediately went online and submitted payment for $500 to cover the payments for both month four and month five.

Two weeks later, Advantage sent a letter to the Joneses. The letter explained that because they had missed a payment, they now owed an additional $1000. In addition, a clause in the contract accelerated their payments. The remaining $2750 ($1750 in remaining payments, and $1000 late fee) was due immediately.

Andrew and Allison were shocked. Andrew decided to go online and investigate the price of the laundry set. He learned that this set is sold at Lowes, Home Depot, and other big box stores. The price listed by each retailer ranges from $1000 to $1250. Andrew and Allison were heartbroken. Their total cost is now going to be $4,000 and is due immediately.

One week after receiving the letter from Advantage, the Joneses received notice that Advantage has filed an action against them to have the contract enforced, or their much-needed laundry set will be repossessed.

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