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Right here, Plaintiff received consideration from immediate cash when it comes to general Consumer Loan Agreement;
Immediate cash promised and supplied the loans at issue in this lawsuit.
Under Indiana legislation, shared responsibilities are expected to allow a contract become formed. See Terre Haute Regional Hosp., Inc. v. El-Issa, 470 N.E.2d 1371 (Ind.Ct.App. 1984). Mutual does not always mean identical, despite Plaintiff’s implication so it does. Agreements can be premised upon non-duplicate responsibilities; an obvious instance is a contract for the purchase of solutions. The purchaser generally gives money to the seller, who in return is obligated to provide the purchased service under most contracts for the purchase of services. Obviously, identical responsibilities aren’t and may never be the guideline. Further, the Arbitration Provision is in fact a provision for the general Consumer Loan Agreement.
“[T]he doctrine of mutuality of responsibility will not need that each responsibility within a contract depend on a corresponding obligation.” El-Issa, 470 N.E.2d at 1377, (citing Kokomo Veterans, Inc. v. Schick, 439 N.E.2d 639 (Ind.Ct.App. 1982)). Finally, the vow become limited by an arbitration can constitute consideration for an understanding to arbitrate. See Michalski v. Circuit City shops, Inc., 177 F.3d 634, 636 (7th Cir. 1999) (finding consideration where boss decided to be limited by results of arbitration). Michalski used Wisconsin agreement legislation, and noted that a detriment to a promisor can represent consideration. 177 F.3d at 636. Indiana legislation concerning issue is no different.
See Dimizio v. Romo, 756 N.E.2d 1018, 1022-23 (Ind.Ct.App. 2001). Plaintiff’s argument that immediate cash offered no consideration for their promise to arbitrate is without merit.
C. Illegality regarding the Consumer Loan Agreements
Plaintiff’s last argument against enforcement associated with Arbitration Provisions is the fact that no contract that is valid which to compel arbitration exists between your events, because the Consumer Loan Agreements are unlawful and void under Indiana legislation.