Question

While at home. the very elderly Ethel Smith, who is under a legal guardianship. answers her door and is solicited by fly-by-night Jake's Swimming Pool Company, who, using a written contract with hidden terms and by threats of violence manages to get her to sign the contract and give him a deposit of $10,000. Jake has no contractor's license at the time- a violation of the state's criminal and civil codes that forbid contractors from contracting without a license. When her nephew and guardian, Teddy Bear, finds out about the transaction, he sues Jake. seeking rescission of contract and restitution of the deposit. Which provides a defense and basis for the remedies Teddy is seeking under these facts? A. illegality B. Unconscionability C. Incapacity D.All of the above.

Answer 1

The contract was illegal because Jake had no license, unconscionability was present because it was oppressive on Ethel Smith and incapacity was present because Ethel was very elderly.

Thus the answer is D. All of the above