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Re: [tips_and_tricks] Re: IRS Levy

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  • lg900df@rock.com
    Reply:Re:Not every suchcontract is unconscionable. Lechmere Tire and Sales Co. v. Burwick, 360 Mass. 7 13, 720, 72 1 , 277 N.E.2d 503. Answer:  Here is the
    Message 1 of 15 , Mar 17, 2012
      Re:Not every such
      contract is unconscionable. Lechmere Tire and Sales
      Co. v. Burwick, 360 Mass. 7 13, 720, 72 1 , 277 N.E.2d


      Here is the court case I found. 

      It was a case of a fellow applying for a credit card and agreeing to be bound by the agreement:

      "(I) We agree to surrender credit plate on request and to be responsible for all purchases through its use until surrendered or until the company has been notified of its loss or theft in writing." After he had signed this application...."

      [Hint: Sounds like he agreed in writing eh?? Sounds like 4 corners to me???]

      Here is the EXACT findings regarding "unconscionable"....

      We do not regard the agreement as having been so unconscionable as to require that it be not enforced (cf. Williams v. Walker-Thomas Furniture Co. 350 F. 2d 445 [D.C. Cir.]). We merely hold that all doubts as to its interpretation and as to the meaning of the card itself are to be resolved in favor of the applicant for the card.
      There is every reason of public policy for protecting consumers from contractual provisions, not brought home to them, which are or may be unconscionable. See Corbin, Contracts, Section 1376; Prosser, Torts (4th ed.) Section 68; Williston, Contracts (2d ed.) Section 1751B

      {Hint: Sounds like the court is ALMOST finding the contract unconscionable simply because the consumer is at a slight disadvantage.....yet he clearly was not FORCED to sign the contract....it was just a credit card application.]

      By reference to the word "every" in Black's, obviously this Mass. Court found a few valid. Of course the Supreme Court of the US found Negro's and Japanese unequal to others at one time--so relying upon the courts will ONLY and I repeat ONLY yield you an OPINION. 

      The definition for which Black's draws is one of the courts--namely that one party is generally at a disadvantage to the other and unable to modify the terms as in "take it or leave it." So thus THIS definition of 'adhesion contract" is a different one in that simply one is being offered a "take it or leave it contract" with the party at a clear disadvantage. I sincerely doubt anyone is so "forced" as to that he MUST accept the terms of the credit card contract. Next understand that the reference in the PAYTRIDIOT movement of "adhesion contracts" is taken out of context compared to this court definition. They assume it binds beyond the terms which aren't even spelled out.

      Re: "dave.wissel" makes comments on the "Four Corners" rules, but does not seem to understand that information and provisions can be "incorporated by reference" into a contract and become as much a part of a document by reference as by being fully quoted in the contract.
      Incorporations by reference are a standard procedure in legal documents and are even found in the U.S. Constitution.
      Answer: Only an IDIOT doesn't understand this. I use this method all the time to correct government documents: "Signature is invalid without attachment". However the idiots in the paytriot movement assume applications with NO REFERENCE in their 4 corners to something external somehow BINDS someone as do CONTRACTS. First they are APPLICATIONS and NOT contracts.Secondarily without a reference spelled out clearly, how can they bind? Next the idiots in the paytriot movement assume Birth Certificates bind the person as some kind of chattel. Huh? Another crazy notion NOT worth planting in the heads of adversaries. 
      You didn't mention it but the Constitution might be a legal document but on its face without more, is not a contract.



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