Civil Procedure 3

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Civil Procedure 3 ☆
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Assignments & Exams
Assignments & Exams
Course: Civil Procedure: LGL-5…
Course: Civil Procedure: LGL-507-2101
Assignment: Assignment 3 – Eri…
Assignment: Assignment 3 – Erie Doctrine Exercise
Idaho has a statute that prohibits the introduction of evidence of unconscionability in
contract actions. The statute was enacted because the legislature felt that the courts had
been invalidating too many contracts on the basis of claims of unconscionability, with the
result that many businesses were deciding to stop doing business in Idaho to avoid
having large numbers of their contracts deemed to be unenforceable.
In federal court, judges have adopted, given the absence of any Federal rules on the
matter, the practice of allowing any evidence relevant to a contract dispute to be
presented.
Kramerica Distributors, Inc., a New York corporation based in New York, sues Elaine, an
Idaho citizen, in Idaho federal court for breach of contract for her failure to make
$100,000 in payments on men’s undergarments (the “Bro”) she purchased from them. At
trial, Elaine offers evidence that the contract between her and Kramerica is
unconscionable.
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