Question

brief the court decision entitled Tillman v. Commercial Credit Loans, Inc., 655 S.E.2d, 362 (N.C. 2008)

Answer 1

Tillman v. Commercial Credit Loans, Inc case is about plaintiffs' challenge to an arbitration agreement that substitutes individual arbitration for class action litigation in court. The verdict of Supreme Court stated that the Federal law does not allow plaintiffs to challenge the agreement because it designates an alternative forum for resolution on dispute. Moreover a plaintiff seeking to prove a contract unconscionable is required to show its terms -shock the judgment of a person of common sense and are very oppressive that no reasonable individual would make them on the one hand, and no fair and honest individual would accept them on the other; and this case the fact and circumstances does not show it. Since the plaintiffs have failed to provide procedural and substantive unconscionability as needed by Brenner, thus the case presents the landmark occasion for invalidating a bargain because of unconscionability.