Kurashige v. Indian Dunes, Inc. - Negotiation, Contract, and Sales

Question 1

Facts

Answer 1

• K signed the agreement before he operating vehicle
• General release agreement: you could not sue Indian Dunes if you got hurt
○ If you got hurt because of Indian Dunes: You could not sue
This was very clearly stated-near the top of the contract

Question 2

Issue

Answer 2

Is exculpatory language enforceable against claim of unconscionability?

Question 3

Holding and Rationale:

Procedural unconscionability = ?

Answer 3

Procedural unconscionability is based on factors, such as consumer ignorance or a great deal of unexplained fine print, that serve to deprive a party of a meaningful choice.

Question 4

Holding and Rationale:

substantive unconscionability = ?

Answer 4

though one-sided, the risk reallocation was not unexpected and was reasonable, b/c Kurashige had notice of danger and largely had control over possible injury.

K did not involve the public interest (i.e., dirt biking is not a practical necessity like hospital admission).

Question 5

Court Ruling:

Answer 5

• They upheld the general release- this was affirmed for Indian Dunes
There was no reason for why the agreement was unconscionable

Question 6

Key Business Lesson:

Answer 6

Treat people like adults- make things clear, let them know what is actually going on, plain language, do not make it obscure-legalize is used
to clarify
This is not a one sided deal- Unconscionability