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This is about the contract law. Please analyze the cases based on all elements( Contractual capacity, Mutuality, legality, Consideration, Proper form) to identify the elements
This is about the contract law. Please analyze the cases based on all elements( Contractual capacity, Mutuality, legality, Consideration, Proper form) to identify the elements are valid in the case and demonstrate your reasons. Please explain carefully.
Choice Hotels International, Inc. v. 5954 Brookhill Blvd, LLC, 2021 WL 5955819 (12/16/2021). Confession of judgment. Defendant was a franchisee of plaintiff. Per the franchise agreement, plaintiff lent defendant $545,000 to use for hotel operations in exchange for a promissory note and related agreements. Per the franchise contract, if defendant sold the hotel to a new owner, the sale would constitute a default. Defendant sold the hotel and the new owner did not operate it as a franchise. The promissory note clearly stated in boldface font that defendant voluntarily, knowingly, and intelligently forfeited its right to notice and hearing prior to entry of judgment and agreed to confession of judgment. The court here determined that the contract contained an enforceable agreement to confess judgment. Terefore the court entered a confessed judgment against defendantStep by Step Solution
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