5 Written questions
5 Matching questions
- Court may... (Uncon. Con.)
- Unconscionable Contracts
- Unilateral Mistake
- What is writing
- Legal insanity
- a reshape the contract to eliminate the unreasonable portion or refuse to enforce the contract
- b basically any writing can be introduced. must be signed by the defendant.
- c Contract is so oppressive or unfair that the courts will not enforce them.
- d Virtually never used. 1) one party makes a promise and the other party knew or should have known the mistake. 2) The mistake was so clerical or math error that is not the result of gross negligence. 3) the mistake is so serious that enforcing the contract would be unconscionable.
- e person must be incapable of understanding or comprehending the nature of the transaction.
5 Multiple choice questions
- food, shelter, clothing, medical services, definitely. ( Quasi contract - adults get to recover). Cars, education, working tools, may depend on circumstances.
- 1) usury laws - lending money 2) unlicensed professionals - cant collect fees 3) contrary to public policy - any type that would create a poor public policy ( spouse kill spouse)
- 1) both sides must give something of value 2) there must be a bargained for exchange
- when one party takes advantage of another person's mental, physical, or emotional weakness and unduly persuades that person into a contract. Need a fiduciary type relationship - attorney, CPA, doctor, etc. (Elderly People)
- an illusory promise - I will perform only if i want to Moral obligations - love or affections
5 True/False questions
Competent party → "Quid pro quo" - something of legal value given for a promise
Covenant not to compete → enforceable is reasonable with respect to 1) the line of business 2) the geographic location protected - limited to immediate region 3) the duration - shorter the more reasonable
Illegal contracts are void → person must be incapable of understanding or comprehending the nature of the transaction.
Statute of Frauds → Certain contracts must be in writing to be enforceable
Past consideration → rendered before the promisor's promise was made - not valid consideration - not bargained for