Question
An Edmonton man claims that Uber took advantage ofpersons in a weakened state of mind (intoxication) and that surge pricingshould not be legal. Some links:
- An Edmonton man claims that Uber took advantage ofpersons in a weakened state of mind (intoxication) and that surge pricingshould not be legal.
Some links:
http://globalnews.ca/news/2430713/alberta-man-furious-over-1000-uber-charge-on-new-years-eve/
http://www.businessinsider.com/uber-surge-pricing-on-new-years-eve-2015-12
You are the Counsel for Uber: draft aletter to Mathew Lindsay's counsel as to why this is a fair and legally binding contract and payment in full is warranted.
Some things to consider:
What makes a contract a contract and not just an agreement (offer and acceptance, consideration, intention, legality) do we have proper offer and acceptance and were the terms communicated effectively and completely etc.
Were there any elements of misrepresentation, or one-sided bargaining inequalities (duress, undue influence, unconscionability)?
When is a contract voidable where the person is incapacitated by alcohol and what does the victim have to prove to void the contract and when must they follow through on the obligation?
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