Thursday, October 22, 2009

Williams v Thomas-Walker Furniture Co- (Federal Court of Appeals-DC Circuit, 1965)

Lando Calrissian is the Baron Administrator of Cloud City, on Bespin. In an attempt to stave off an invasion by the Empire, Lando makes a deal with Darth Vader, trading the rebel Han Solo and his companions for the continued survival and independence of the people he represents. However, Darth Vader uses high pressure tactics, like blackmail and threats of violence to induce a deal where he holds more bargaining power, and effectively removes any meaningful choice Lando might have had in negotiating the terms or in accepting the bargain. Additionally, Vader continually adds to and modifies the terms of the deal, allowing him to unfairly advantage until the deal is so one-sided that Lando no longer gains anything from the bargain. When Vader brings suit against Lando for breaking the deal and helping Han and Leia escape, the council will find that the deal is unconscionable, both procedurally (in the formation of the deal) and substantively (in the terms of the deal) and will refuse to enforce it as a matter of law.

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