· 12/5/1991
Art's Flower Shop, Inc. v. Chesapeake & Potomac Telephone Co.
Citations
- 413 S.E.2d 670
- 186 W. Va. 613
- 1991 W. Va. LEXIS 216
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that unconscionability is an issue of law
- noting that “something more” than mere inequality in bargaining power is required to find a contract unconscionable, such as the plaintiff having no real alternative to a contract’s unfair terms
- indicating an implied contract requires showing “(1) mutuality of intent to contract; (2) consideration; and, (3) lack of ambiguity in offer and acceptance.”
- finding prior contract incorporated by reference where subsequent contract specifically stated “‘all other terms and conditions to remain as previously signed’”
- wherein a merchant successfully invoked the doctrine against a telephone company
- wherein a merchant successfully invoked the doctrine against a telephone company
Source: CourtListener parenthetical corpus (CC0).
Judges: Brotherton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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