The total “one-sidedness” of the terms here, together with the absence of any evidence even remotely suggesting that the parties engaged in a good faith negotiation, requires this Court to find that the standard of “good faith, honesty in fact, and observance of fair dealing” (Romain, 58 N.J. at 543-44, 279 A.2d 640) has not been met and that in order to prevent “oppression and unfair surprise” (U.C.C. Comment 1 on N.J.S.A. 12A:2-302 (1)), the entire contract must be rendered void and unenforceable. Accordingly, judgment is for plaintiff, Lisa Gonzalez, in the amount of $5,000.
I wish $5K would do it for me, but I am happy for Gonzalez
The total “one-sidedness” of the terms here, together with the absence of any evidence even remotely suggesting that the parties engaged in a good faith negotiation, requires this Court to find that the standard of “good faith, honesty in fact, and observance of fair dealing” (Romain, 58 N.J. at 543-44, 279 A.2d 640) has not been met and that in order to prevent “oppression and unfair surprise” (U.C.C. Comment 1 on N.J.S.A. 12A:2-302 (1)), the entire contract must be rendered void and unenforceable. Accordingly, judgment is for plaintiff, Lisa Gonzalez, in the amount of $5,000.
ReplyDeleteI wish $5K would do it for me, but I am happy for Gonzalez