Explain, in your own words, the unconscionability doctrine, when the unconscionability doctrine applies generally, and how courts apply it.

Unconscionability doctrine

Case Study Paper Instructions

One of the important legal doctrines you studied in this module/week is the doctrine of unconscionability. Unconscionability is a relatively modern development in contract law, and some see it as a controversial one. This assignment will provide you with an opportunity to describe your understanding of the doctrine of unconscionability, apply that understanding by explaining its role in a legal decision, evaluate the value of the doctrine of unconscionability, and develop your ability to write a legal office memo. For this assignment:

  1. Explain, in your own words, the unconscionability doctrine, when the unconscionability doctrine applies generally, and how courts apply it.
  2. Explain how the unconscionability doctrine was applied by the court in the Sixth Circuit Court of Appeal’s decision in Whirlpool v. Grigoleit Company.
  3. Discuss whether unconscionability is a necessary legal doctrine in light of the other defense doctrines you have studied in this course. Include in your discussion whether the doctrine of unconscionability encourages the integrity and sanctity of promise making and promise keeping? Justify your conclusion with legal and biblical principles.
  4. Write your paper in the form of legal office memo. Provided in the assignment instructions folder is an example of the format for a legal office memo that you can use as a template for your assignment. Ensure that your memo is well organized and logical. Write for clarity, develop your position fully, and use the legal terminology you encounter correctly. Proofread carefully before submitting your final product.

You must prepare a memo that is 2–3 pages in current Bluebook format. You must also include at least 2 references from the course textbook, case law, or other legal authority sources.

Submit this assignment by 11:59 p.m. (ET) on Monday of Module/Week 5.

MEMORANDUM

TO:         [You will identify the person the memo is addressed to here. For this course, you can write your memo to your instructor.]

FROM:    [Your name appears here.]

RE:          [You should indicate what the memorandum is about, summarized in a few words here. For example, for the Module/Week 5 assignment you might type: “Module/Week 5 Assignment: Unconscionability”]

DATE:    [The exact date that you submit the memorandum should appear here.]

QUESTION(S) PRESENTED

            [Here you will describe the question(s) presented. If there is more than one issue, you can number each of the questions. For purposes of the assignments in GOVT 404, each question presented can correspond to each of the subparts of the assignment. For example, for the Module/Week 5 assignment, the first question presented can be written as follows:

  1. What is the unconscionability doctrine, and how do courts apply it?]

SHORT ANSWER

            [Here you will briefly answer the question(s) presented. Answer each one in one sentence if you can, because you will provide a more comprehensive answer in the discussion section of your memo. If there is more than one question to address, you can number each short answer to correspond to the number of the question presented. For example, you might begin to draft a short answer to the first question as follows:

  1. Unconscionability is a legal doctrine raised as a defense to the enforcement of contracts, and a party raising the defense of unconscionability must establish….]

FACTS

            [Your statement of facts will summarize the legally significant facts of the case or hypothetical. A good statement of facts does not include all of the facts, but instead carefully describes only those facts that are essential to understanding the legal issue or that provide essential context to understanding other facts.]

DISCUSSION

            [The discussion section is the heart of your legal analysis and is typically the largest part of your legal memo. Organize your discussion into subheadings that correspond to the issues in the question presented, and provide carefully organized paragraphs that support your conclusions on each issue. Your discussion of each issue should begin with the legal rules necessary to understand the issue and reach a conclusion. Next, you should discuss the legally significant facts and how they relate to the legal rule. Last, your discussion of each issue should reach a conclusion—one carefully justified by the application of facts to the relevant legal rules. Once you have crafted a carefully written, well-organized, logically sound, well-justified discussion for the first issue, repeat the process under a new subheading for the next issue, until you have addressed all of the issues.]

CONCLUSION

            [Your memo ends with a conclusion, summarizing your answer to the questions presented.]

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