Homebody v. Ace Appliance
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In the case of Homebody v. Ace Appliance, the plaintiffs are correct in claiming that their contract was unconscionable. In the case of William v. Walker-Thomas Furniture Co., the plaintiff purchased furniture from the defendant on credit (Unconscionability; Walker). The contract contained a provision that the balance would be prorated on all future purchases, meaning the balance on every item would be due until the total balance for all items was paid off. This meant that the debt incurred on the current purchase was secured by the right to repossess all the previous purchases from the company. When the plaintiff defaulted on payment on the last item purchased, the defendant sought to repossess all furniture purchased from them by the plaintiff, even those purchased five years previously. The Court of General Sessions granted judgement for the defendant (Unconscionability; Walker). The District of Columbia Court of Appeals agreed with this judgment, and granted the plaintiff's motion for leave to appeal to that court. The plaintiff's contention that the contract was unconscionable and therefore unenforceable was rejected by both the trial and appellate courts. The court noted in its decision that it has been common law practice in other jurisdictions that unconscionable contracts are not enforceable, and that the Maryland Retail Sales Installment Act, Art. 83 $$128-153 or its equivalent would grant the plaintiffs appropriate relief (Williams). It also noted that
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Approximate Word count = 1042
Approximate Pages = 4 (250 words per page)
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