Quality Bank, et al. v. Cavett
Docket No. 20100024
Oral Argument:
Tuesday, May 25, 2010 2:45pm
Docket Info
- Title
- Quality Bank, Plaintiff and Appellee
and
Timothy Cavett, Plaintiff
v.
Lynette Cavett, a/k/a
Lynnette Cavett, Defendant and Appellant - Case Type
- CIVIL APPEAL : CONTRACTS
- Appeal From
-
Case No. 08-C-00151
Southeast Judicial District, Ransom County
John T. Paulson
2010 ND 183788 N.W.2d 629
Oral Argument
5/25/2010
Highlight
Whether a contract is unconscionable is a question of law for the court to decide and depends upon the factual circumstances of each case.
When determining whether a contract is unconscionable, courts look for procedural unconscionability, which encompasses factors relating to unfair surprise, oppression, and inequality of bargaining power, and substantive unconscionability, which deals with the harshness of the contract, as well as whether the contract is commercially reasonable.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 01/20/2010 | NOTICE OF APPEAL : 01/19/2010 | |
| 2 | 02/17/2010 | TRANSCRIPT DATED September 8, 2009 & C.O.S. | |
| 3 | 02/17/2010 | DISK - TRA (09/08/09) (e-mailed) | |
| 4 | 02/24/2010 | RECORD ON APPEAL, 2 Volumes | |
| 5 | 03/29/2010 | Received $25 e-filing surcharge for ATB (Receipt #19424). | |
| 6 | 03/29/2010 | APPELLANT BRIEF (e-filed) | View |
| 7 | 03/29/2010 | E-FILED BRIEF (ATB) | |
| 8 | 03/29/2010 | APPELLANT APPENDIX | |
| 9 | 03/30/2010 | RECEIVED 8 COPIES OF CORRECTED TITLE PAGES FOR ATA. | |
| 10 | 04/01/2010 | Received copies of ATB from CSD | |
| 11 | 04/20/2010 | NOTICE OF ORAL ARGUMENT SENT | |
| 12 | 04/27/2010 | APPELLEE BRIEF (e-filed) | View |
| 13 | 04/27/2010 | E-FILED BRIEF (AEB) | |
| 14 | 04/27/2010 | APPELLEE APPENDIX (e-filed) PDF | |
| 15 | 04/27/2010 | E-FILED APPENDIX (AEA) PDF | |
| 16 | 04/28/2010 | Received $25 e-filing surcharge for AEB & $58.50 e-filing surcharge. for AEA | |
| 17 | 05/03/2010 | Received 7 copies of AEB from Central Duplicating. | |
| 18 | 05/03/2010 | Received 6 copies of AEA from Central Duplicating. | |
| 19 | 05/11/2010 | REPLY BRIEF of Appellant (e-filed) | View |
| 20 | 05/11/2010 | E-FILED BRIEF (RYB) | |
| 21 | 05/12/2010 | Made 7 copies of RYB | |
| 22 | 05/25/2010 | APPEARANCES: Rudra Tamm; Peter W. Zuger and Brad A. Sinclair | |
| 23 | 05/25/2010 | ARGUED: Tamm; Zuger | |
| 24 | 05/25/2010 | ORAL ARGUMENT WEBCAST | |
| 25 | 09/21/2010 | DISPOSITION | |
| 26 | 09/21/2010 | UNANIMOUS OPINION : Kapsner, Carol Ronning | View |
| 27 | 09/21/2010 | Costs on appeal taxed in favor of appellee | |
| 28 | 09/22/2010 | Judgment Sent to Parties | |
| 29 | 10/14/2010 | MANDATE | |
| 30 | 12/13/2010 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
| 31 | 06/15/2021 | EXPUNGED - Nonpermanent record items destroyed |