· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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