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Friday, April 24, 2015
Legal Definitions - U
A to Z Blogging Challenge. My topic is LEGAL DEFINITIONS EXPLAINED IN PLAIN [AND HOPEFULLY HUMOROUS] ENGLISH.
Unconscionable - A contract or bargain which is so unfair to one party that no reasonable or informed person would have voluntarily agreed to it, usually signed by the one party because of duress, fraud, or deceit. A court will generally not enforce an unconscionable contract. Examples would include signing a contract to (1) give your first-born child to the other person, (2) rent an apartment when, buried in the fine print, is a clause which states if the rent is one day late, you must pay twice the rent for that month, and (3) purchase six cars and, buried in the fine print, is a clause which states that if you fail to make a single payment, even if it is the last payment, ALL of the cars may be repossessed, not just the last one.
Unconstitutional - Refers to a statute, governmental conduct, court decision or private contract which violates one or more provisions of the U.S. or State Constitution. Examples would include (1) a clause in a contract or deed which limits the transfer of real property only to Caucasians, (2) a law which restricts the ability of persons to attend church, and (3) denial of a parade permit based on the group's race or religion. Approximately fifty percent of foreclosed homeowners believe it was unconstitutional for the lender to sell their property, even though they haven't made a payment on their mortgage in over a year.
Unlawful Detainer – Retaining possession of real property without the right to do so, including without the permission of the owner [squatter], without the payment of rent [deadbeat], or failing to comply with a lawful notice. An eviction case is called an Unlawful Detainer or U.D. case, because that sounds more scholarly than “eviction.” But we all know what it means, and now you do too. Welcome to my world =)