5 Written Questions
5 Matching Questions
- Legal Value
- Mutual Mistake
- Unconscionable Contracts
- Unilateral Mistake
- a Contract is so oppressive or unfair that the courts will not enforce them.
- b both parties are mistaken regarding a material fact - important to the subject matter of the contract
- c Promisor receives a legal benefit or the promisee suffers a legal detriment
- 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 food, shelter, clothing, medical services, definitely. ( Quasi contract - adults get to recover). Cars, education, working tools, may depend on circumstances.
5 Multiple Choice Questions
- 1) both sides must give something of value 2) there must be a bargained for exchange
- 1) the defendant made a false representation of material fact. 2) defendant knew the representation was false and intended to deceive the plaintiff - scienter. 3) plaintiff justifiable relied on the misrepresentation. 4) the plaintiff was injured.
- rendered before the promisor's promise was made - not valid consideration - not bargained for
- refuse to enforce it or alter to make reasonable
- one party threatens to do something wrongful unless the other party enters into a contract.
5 True/False Questions
Competent party → who may enter into a contract
3 Types of Real Estate → 1) sale 2) lease/rent 3) mortgage
Covenant not to compete → In order to prevent enforcement of the contract the person must be legally insane at time of entering into the contract
The infancy contract → Contract is so oppressive or unfair that the courts will not enforce them.
Misrepresentation → rendered before the promisor's promise was made - not valid consideration - not bargained for