Case Brief



Courtof Appeals of Virginia

Chaplainv. Rabha Chaplain., 682 S.E.2d 108 (Va. Ct. App. 2009)

September8, 2009,

Facts:an order of Circuit Court was challenged by the wife to reverse theruling that was made in the City of Virginia Beach and the respondentwho is the husband wrote a motion to strike the evidence broughtforward by the wife that she could not read or understand what was inthe agreement before signing was a lie and that she understood verywell what she was doing. “The wife made a prima facie and that iswhy the ruling ended in her favor before.” Chaplain v. RabhaChaplain., 682 S.E.2d 108 (Va. Ct. App. 2009).

Proceduralhistory: the case is in the trial court after the court of appealremanded the case after reversing the order that was initially made.The trial court had erred in grating the motion to strike since thewife had deceived the court in showing unconscionability.

Issue:whether the wife knew what she was getting into when she signed theagreement.

Applicablerules of law: Under contract laws the woman should prove beyondreasonable doubt that as to what was in the contract and inequalityin her case should be gross in such a way that it shocks theconscience.

Holdings:Does the case against the appellee husband by the appellant wife showthat enforceable and was not unconscionable.

Thecourts order: the court remanded the cases and it was sent forfurther proceedings to the trial court

Reasoning:The court came to the conclusion that there was no enough evidence toshow that the wife was unconscionable.