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· 8/6/1998

Entergy Mississippi, Inc. v. Burdette Gin Co.

Citations

  • 726 So. 2d 1202
  • 1998 Miss. LEXIS 365
  • 1998 WL 449672

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding procedural unconscionability where signatory “was unable to contract with another party since [plaintiff] was sole supplier of electricity in the area”
  • finding customer-service agreement containing indemnity clause was a contract of adhesion, because Entergy was only energy provider in the area and refused to negotiate agreements with its customers
  • “To show that a provision is conscionable, the party seeking to uphold the provision must show that the provision bears some reasonable relationship to the risks and needs of the business.”
  • where no evidence was put forth regarding the comparative business savvy of the contracting parties, “it is reasonable to assume that a large company such as Entergy holds the advantage in that respect”
  • where no evidence was put forth regarding the comparative business savvy of the contracting parties, “it is reasonable to assume that a large company such as Entergy holds the advantage in that respect”
  • “[T]he indemnity clause was procedurally unconscionable and therefore unenforceable.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sullivan, P.J., and James L. Roberts, Jr., and Waller

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.