Fact Pattern 2 Stein & his son owned a television appliance store. However they were having severe financial difficulties and decided to borrow money in order to increase their working capital for the company. Stein, was having difficulty borrowing money from conventional lenders due to his poor Dunn & Bradstreet rating and his poor personal credit rating. He was introduced by a friend to a company which provided loans to companies in need of capital. Stein signed on behalf of the corporation and the interest rate for the loan was 26% annually. In addition he signed for a personal loan of 17%. A few months later, despite this influx of capital, Stein realized that the business was failing. He was forced to sell to a national appliance chain, GP Pritchard. Pritchard's attorney prepared a sale contract which included a provision prohibiting Stein from operating an appliance store within 10 miles of the current store location and for a time period of 10 years. Stein reluctantly signed the agreement due to his financial inabilities. Pritchard opened a new appliance store and made it employees sign an employment agreement which prohibited its employees from working for Pritchard's competitors for no less than 10 years after they left Pritchard's employ. Stein in the meantime opened a new business, a health spa. Members signed contracts which relieved Stein from any liability for negligence for any reason whatsoever. Jim, a new member, slipped near the spa pool are which contained puddles of water