Feb 3rd, 2012
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Sarah Smith; Unenforceable Contract Claim

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MemorandumTO: Head Legal CounselFROM:Insert NamesDATE: April 5, 2012RE: Sarah Smith; Unenforceable Contract ClaimI.QUESTION PRESENTEDSarah is suing the Temple University Bookstore based the restocking fee clause of the Sales Agreements involved in the purchase of the stores electronics and in order to be successful in her lawsuit she must be able to show that the contract is not a legally binding agreement and the contract is in fact unconscionable. This should be one long sentence that pinpoints the relevant legal issues in the case and includes facts necessary to deciding the case.II.STATEMENT OF FACTSIn the previous summer Sarah Smith visited the Temple University Bookstore and purchased a laptop. When purchasing the $500 dollar laptop Sarah was asked to fill out and sign a form that included her filling out her personal information and additional information in small print. When Sarah inquired to the sales person what the small print was in reference to it was exclaimed that the form was a standard sales agreement. After seven days Sarah decided the laptop was too heavy to carry around school and took her receipt and laptop back to the bookstore in order to get a refund so she could purchase a lighter laptop. When returning the laptop Sarah was informed that she would be charged a 20% restocking fee and would only receive $400 dollars of her money in return. Sarah was upset about the restocking fee that she was never informed about and sou

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