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· 6/1/1917

Pace v. Berry

Citations

  • 176 Ky. 61
  • 195 S.W. 131
  • 1917 Ky. LEXIS 10

How courts have described this case

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

  • predicting that California Supreme Court would hold that unilateral modification provision substantively' unconscionable
  • rejecting plaintiffs argument that he could not legally assent to the contract because he did not sufficiently understand English, and explaining that a “party who agrees to terms in writing without understanding or investigating those terms does so at his own peril”
  • rejecting plaintiffs argument that he could not legally assent to the contract because he did not sufficiently understand English, and explaining that a “party who agrees to terms in writing without understanding or investigating those terms does so at his own peril”
  • before reaching the enforceability of the arbitration provision, discussing whether the delegation clause was clear and unmistakable or unconscionable
  • “[T]he question of whether delegation language is clear and unmistakable should be determined in context of the contractual lan guage as a whole—not by artificially restricting the Court’s review solely to the provisions of the arbitration clause.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Clay

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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.