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Nike Huarache Low

Nike Huarache Low

Nike Huarache Low

Nike Huarache Low

Ernst Young from liability, but merely limited its liability. The limitation of liability was clearly stated at the close of the letter, just below the paragraph informing Dr. Palmer that the Engagement Letter set forth the terms of the engagement if the terms were acceptable to him. The limitation of liability was in the same font as the rest of the letter; it was not buried in small print. There is no allegation that Ernst Young made any fraudulent misrepresentations or otherwise fraudulently induced Dr. Palmer to agree to the terms of the Engagement Letter. Nor can there be any reasonable contention that the limitation of liability provision was unconscionable and therefore unenforceable, either because of its substantive terms or the imbalance in bargaining power or the naivete of Dr.

challenged provision could result in oppression and unfair surprise to the disadvantaged party and not to allocation of risk because of bargaining power. quoting Zapatha v. Dairy Mart, Inc. , 381 Mass. 284, 292 293 (1980). The liability, even when limited, was considerable million. If the 1 million had been in United States dollars rather than British pounds, it would still have been more than 22 times greater than the $45,000 that Ernst Young charged Dr. Palmer as its fee to establish and execute the Annuity Transaction. Since the British pound in 1996 was worth at least fifty percent more than a United States dollar, the actual ratio of potential liability to fees charged is even greater than 22.

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Palmer. See Waters v. Min Ltd, 412 Mass. 64, 68 (1992) ( must be determined on a case by case basis, with particular attention to whether the Nike Huarache V Gold

Nike Huarache Low

Nike Huarache Low

Nike Huarache Low

Dr. in the mathematical sciences. He was under no undue pressure to diminish his tax liability; he simply wanted to reduce the amount he paid the IRS on the sale of his considerable shareholdings in Axon. This is not remotely the stuff of a defense of unconscionability. While the Palmers feebly claim that the limitation of liability provision in the Engagement Letter agreement is unconscionable, their primary (and more interesting) defense to its enforcement is that the limitation of liability provision is unenforceable here because:was engaging in the practice of law in Massachusetts when he conferred with Dr. 6 102 does not apply to this limitation of liability for three reasons. First, they contend that the Annuity Transaction involved the creation of a Jersey trust which would establish a Jersey corporation that would exchange Dr. Palmer shareholding in Axon in exchange for a deferred lifetime annuity. Therefore, they contend, the ethical rules that should govern Williams relationship to Dr. Palmer are the rules of Jersey, which did not prohibit an attorney from contractually limiting his liability for professional malpractice, not the rules of Massachusetts, which did (and still do). This Court does not accept this Nike Huarache Images

Nike Huarache Low

Nike Huarache Low

 behalf. Id. , quoting Schell v. Ford, 270 F. 2d Nike Huarache Low 384, 386 (1st Cir. 1959). Here, the Engagement Letter agreement did not exempt Nike Air Force Girls

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proposition. justification for excluding from the pr.

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Nike Huarache Basketball

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