Unconscionable Contracts and Clauses Case Study
Assignment ID Number AFFGEHU83939HD Type of Document Essay Writing Format APA/MLA/Harvard Academic Level Masters/University References/Sources 4 References
Unconscionable Contracts and Clauses Case Study
PART A: Case Study: Unconscionable Contracts and Clauses (15 POINTS)
DIRECTIONS : This MANDATORY Writing Assignment is a case study based on Chapt. 12 (pages 297-303) in the 11th edition of BUSINESS LAW TODAY- STANDARD EDITION. The text for your case study is provided on the next page (p.2).
- The due date for this mandatory case study Writing Assignment is TUES, March 23, 2019, before you take TEST #2 IN CLASS.
- HELPFUL HINTS:
- Read the Case Study Text Very Carefully (at least twice).
- This case study has a value of 15 points. You may receive a grade from 0 to 15 points for PART A of Assignment #2 contingent upon the quality of your responses, format, and meeting the deadline date.
- Requirements: Minimum: 1 full typed page, single-spaced; (12 Font Size; Type-Arial) with 1” top, bottom, left & right margins. Use proper English rules, grammar and spelling. At least one-half (1/2) of the page should have a detailed explanation of your legal reasons and your analysis which should include quoted support or evidence from the textbook. (CITE THE TEXT PAGE NUMBERS AT THE END OF THE LEGAL REASONS SECTION).
- The case study problem must be completed using the case study format found in the textbook. See Case 12.3 for an example of the case study format (page 301 of text). The correct format must include the following four sections:
- FACTS: Type all of the case “FACTS” from the case text provided on page DO NOT EDIT THE CASE FACTS.
- ISSUE: Type the QUESTION(S) as they appear at the end of the case.
- DECISION : Write your sentence stating a SPECIFIC NAME or addressing the ISSUE above to be resolved. You’re the ‘Judge’ – be definite with your Decision and provide a thorough legal analysis in support of your decision.
- LEGAL REASONS : ANALYZE YOUR DECISION carefully. Discuss fully and use
the legal terms and concepts from your text readings, and any applicable case law precedent found in the textbook that supports your decision. You are developing an informed answer to a business law problem in answering the case questions. This is a major part of the case study writing assignment! A significant deduction of points will occur for a poorly written and any “short” analysis of the legal reasons that support your decision.
DO NOT PLAGIARIZE. note your resources including internet resources; case law found in text; etc. Use your own words! You will not be wrong if you state your Decision and Legal Reasons with clarity and use good business law principles and “judgment” or “logic” in terms of your analysis. However, I cannot read or comprehend what is not written. I’m looking for you to provide a clear decision, to demonstrate a critical understanding of your decision and support for your decision through thoughtful legal reasoning and critical thinking.
CASE STUDY TEXT: Unconscionable Contracts or Clauses
Geographic Expeditions, Inc. (GeoEx), which guided climbs up Mount Kilimanjaro, required climbers to sign a release to participate in the expedition. The form required disputes to be submitted to arbitration in San Francisco, limited damages to the cost of the trip, and included a clause which released GeoEx from all liability in the event of physical injury no matter who is at fault. GeoEx told climbers that the terms were nonnegotiable and that other travel firms offering the same or similar services imposed the same terms on their customers.
Jason Lotka singed the release and participated in one of the GeoEx expeditions. Unfortunately, he died on the GeoEx climb. His mother filed suit in a California court against GeoEx. GeoEx sought to have the case dismissed and to force the mother to engage in arbitration in San Francisco.
Are both the arbitration and limitation on damages clauses unconscionable contract clauses? Why or why not? Explain the basis for your conclusions.
Is the release from liability clause enforceable?
What factors will a court examine in determining if a release (exculpatory) clause should be enforced? Under what circumstances is a court likely to enforce such an exculpatory clause?
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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