To: Professor Susan Patrick
From: Virginia M Garman
Date: March 4, 2013
Re: Memorandum of Law; Rough Draft
QUESTION PRESENTED
You asked me to answer the question, “Are the Virginia courts likely to follow the unconscionability doctrine as set out and applied in Jones v. Star Credit Corp.", based on the opinion and rulings of previous similar cases.
SHORT ANSWER
The Virginia courts are highly likely to follow the unconscionability doctrine that has been set out and applied in Jones v. Star Credit Corp. The Jones purchased a freezer unit from Star Credit Corp for $900, three times the retail value of the unit. In this case, the court held that the contract between parties was unconscionable because it violated [HN2] U.C.C. § 2-302
Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989)
Also, the separation agreement can be held as invalid because “marriage and divorce create a relationship which is particularly susceptible to overreaching and oppression.” Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) This case applied to Jones v. Star Credit Corp. because the plaintiff was taken advantage of by the defendant. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) The wife had knowledge of inflicted emotional distress on her husband when she coerced him to sign the agreement. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) The trial judge held, and the evidence supports that finding, that Mrs. Derby, “played upon the weakness of her husband and his desire to reconcile” to exact Mr. Derby. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989)
The Virginia court affirmed the order granting the divorce and invalidating the separation agreement. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989)The court affirmed the order for divorce on grounds of adultery, also holding that the separation agreement was unconscionable due to credible evidence. Derby v. Derby, 378 S.E. 2d 74 (Va. Ct. App. 1989) b. Friendly Ice Cream Corp. v. Beckner, 597 S.E. 2d 34 (Va. 2004)
In this case, Beckner and her husband entered into a commercial lease with Friendly Ice Cream