Star Rent To Own Case Study

STATE OF VIRGINIA
Botetourt County File No: 4182016
In the General Court of Justice
District Court Division

STAR RENT-TO-OWN Plaintiff, vs.
ALEX AND SANDRA SMITH Defendants.

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CASE BRIEF

INTRODUCTION
Star Rent-to-Own knowingly, administered a contract against the Smith’s taking advantage of their economic duress, inexperience, and confidence is unconscionable; thereby, meeting Virginia’s two prong test of gross disparity and over-reach. Galloway, 47 Va. App. at 92, 622 S.E.2d at 271. Star Rent-to-Own consciously repressed key facts during the execution of the contract. The Smiths were unaware of all pertinent information and were persuaded to …show more content…
Derby, 8 Va. App. 19, 28, 378 S.E.2d 74, 79 (1989). In addition to a showing of gross disparity, "courts view the apparent inequity in light of other attendant circumstances to determine whether the agreement is unconscionable and should be declared invalid." Galloway, 47 Va. App. at 92, 622 S.E.2d at 271. The Plaintiff protected their own interest by consciously taking advantage of the defendant’s vulnerabilities; thereby executing a contract without disclosing crucial details and concealing a forfeiture clause which resulted in an added hardship on the defendants during an already difficult time on a personal level. VA Code § 55-434 (2001 through Reg Session). This constitutes unconscionability and gross …show more content…
Star Credit Corporation, 22 Ill.59 Misc. 2d 189, 298 N.Y.S.2d 264 (Sup. Ct. 1969) is similar to the case at hand. In Jones, the court held that the surrounding circumstances could not allow Jones to discharge his duties. The Smiths, like the Jones, were under duress when they signed the contract with Star-Rent-to-Own. In Jones, one issue raised was whether external pressures that may make it impossible for a party to discharge his or her duties in a contract can be used to vitiate the contract. The unconscionability doctrine considers the intention and the surrounding circumstances which would not allow the party(s) to discharge his or her duties respecting a contract. Derby v. Derby, 8 Va. App. 19, 28, 378 S.E.2d 74, 79 (1989). Galloway, 47 Va. App. at 92, 622 S.E.2d at 271. Similarly, the untimely death of Alex’s father and Sandra’s father’s illness, created a catalyst where the defendants were overwhelmed handling funeral arrangements and visiting the hospital that they innocently and unintentionally forgot to make a payment. Once Sandra remembered that she forgot the August payment, she immediately went online and made both the August and September payments. This action demonstrated that the defendants took the initiative to settle the debt showing good faith respecting their obligation. The Plaintiff’s price exploitation of the commodity and failure to disclose crucial information of a forfeiture clause in the contract he drafted and executed, exemplifies

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