Re: I am a bit baffled. - Saab General Bulletin Board - Saabnet.com
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Re: I am a bit baffled.
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Posted by davidgmills [Email] (more from davidgmills) on Wed, 20 Jun 2012 12:04:53 Share Post by Email
In Reply to: I am a bit baffled., Justin VanAbrahams [Profile/Gallery] , Wed, 20 Jun 2012 11:35:38
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The question is whether the contract is legally enforceable. Courts are very reluctant to enforce contracts the law finds to be repugnant and will not enforce them. Usually a judge (or sometimes a jury) decides what is repugnant under the circumstances. The law disfavors contracts made under duress; the law deems contracts made under duress as repugnant. Scarcity creates duress which is why price gouging laws exist.

It is well documented here that Saab parts are hard to get and this part was particularly hard to get. This particular part was only used on a 2003 Saab 9-3 and no other car. It was dropped in the 2004 model years and thereafter. Chad knew these parts were hard to get and I specifically told him about our troubles finding a part and that it was only used for one year on a Saab 9-3. I made two posts online about Anil's troubles in trying to find parts and the fact that he could not get his car to pass inspection and the car was sitting idle. I think that qualifies as duress. You may disagree. But that is what juries and judges are for -- to decide these issues.



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