Frank Rodziewicz was driving a Volvo tractor-trailer on Interstate 90 in Lake Co

Question

Frank Rodziewicz was driving a Volvo tractor-trailer on Interstate 90 in Lake County, Indiana, when he struck a concrete barrier. His tractor-trailer became stuck on the barrier, and the Indiana State Police contacted Waffco Heavy Duty Towing, Inc., to assist in the recovery of the truck. Before beginning work, Waffco told Rodziewicz that it would cost $275 to tow the truck. There was no discussion of labor or any other costs. Rodziewicz told Waffco to take the truck to a local Volvo dealership. Within a few minutes, Waffco pulled the truck off the barrier and towed it to Waffco’s nearby towing yard. Rodziewicz was soon notified that, in addition to the $275 towing fee, he would have to pay $4,070 in labor costs and that Waffco would not release the truck until payment was made. Rodziewicz paid the total amount. Disputing the labor charge, however, he filed a suit in an Indiana state court against Waffco, alleging in part breach of contract. Was the towing contract unconscionable? Would it make a difference if the parties had discussed the labor charge before the tow? Explain.

Explanation / Answer

According to the given information, Rodziewicz was unconscionable about the charge of allowing labour and also did not talk about anything important relates to the labor charges or any other kinds of expenditure.
But In this Rodziewicz's case, We can consider this Rodziewicz was unconscionable. S here according to case or book, the applied common law or regulation will not affect the unconscionable contract or deal.
But in this case their is a small difference, after Rodziewicz was told tehy has to pay additional amount $4070, he paid. This process could be regard that they agreed the contract. This might be make the case a slightly difficult to easy resolve. From another way, Waffco does not follow the contract since they takes Frank’s car to towing yard instead of local dealership.
So here, they can consider this contract cannot be affect since Waffco disobey or unagreed the contract. But If Frank and Waffco discuss or negotiate the labor charge or cost, then their contract will be exclude from unconscionable stage.

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