Juri 515 Predictive Memo - Liberty University

This study source was downloaded by 100000859819779 from CourseHero.com on 02-25-2023 09:57:09 GMT -06:00https://www.coursehero.com/file/55484875/JURI-515-Predictive-Memodocx/ To: Susan Patrick, Esq.From: Kelly ColemanRE: Predictive Office MemoJanuary 31, 2020Question PresentedWhat are the test that the Virginia courts apply to determine if an agreement is unconscionable?Brief AnswerVirginia court systems follow a two pronged test of unconscionability doctrine. For unconscionability to be proven, gross disparity must be present within sums of property or other assets exchange divided by the parties based on the influence possibility of sickness, old age, oppression ignorance, weakness of mind, or overreaching or oppressive influences based on fraud, concealment, and misrepresentation, used against someone to induce or coerce them into submitting to create gain or an advantage within the settlement of the property or other assets. This could also be used as a way to prove the second prong of the test for gross disparity. DiscussionGross disparity and overreaching or oppressive influences appear to be separate issues, in reality they are related issues requiring that each be present or related in order to prove unconscionability. The first case to review is from The Court of Appeals of Virginia, Derby v. Derby 378 S.E.2d 74 (VA. Ct. App. 1989), the amended property settlement