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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.