The purpose of the writing assignment is to assess each student’s ability to read a case or statute and extrapolate the legal and ethical principles discussed and expounded therein and apply those principles to factual situations. Contract negotiations offer many possible legal and ethical dilemmas, particularly when the parties have disparate bargaining power. Parties may feel forced, by the circumstances surrounding a contract negotiation, to accept terms they feel are unfair. This presents legal problems concerning the enforcement of unconscionable contracts. Before the Courts confront these dilemmas in lawsuits, the parties confront ethical dilemmas concerning how they should negotiate with weaker parties. This case study will look at the ethical and legal dilemmas associated with disparate bargaining power. You will need to find and discuss two Florida Court opinions regarding contractual unconscionability, whether substantive or procedural. For each case, you must provide the following: 1) a brief recitation of the facts of the case, indicating the identities of the parties, their relationship; 2) a brief recitation of the issue(s) considered by the court or governing body as it concerns the contract considered; 3) a summary of the court’s decision on the issue and the reason why the court came to this decision; and 4) a discussion of the ethical issues involved. The court might not itself consider the ethics of the contract or the relationship between the parties. However, I ask that you consider the ethics of the following: a) was there a breach of contract? b) was it ethical for the breaching party to withhold performance? c) was the contract unconscionable? d) was it ethical for the more powerful party to request the weaker party to enter into the agreement in question? For each case you are citing, you will need to provide me with a case citation, as well as the source for your case, whether it be a legal text, a website, or some other source. This assignment must be at least 1,000 words long, but may not exceed 2,000 words. Each student must turn in their own assignment. This is not a group assignment.
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