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Folk is the president and founder of P, a metal machining company. Hynes is the president and owner of D. Folk retained Hynes as a business consultant to assist with P and its finances. The Whaley casebook skipped the actual facts of the case related to how Hynes screwed P. The court concluded that Hynes both breached his fiduciary duty of loyalty and committed constructive fraud with regard to his misrepresentations concerning the interest and duration terms of the equipment leases, the court also concludes that those terms are unconscionable as a matter of law at the time they were made.

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