← Law Test 2 Test
5 Written Questions
5 Matching Questions
- Blue Pencil
- Court may... (Uncon. Con.)
- Court can either
- Covenant not to compete
- Contractual capacity
- a refuse to enforce it or alter to make reasonable
- b 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
- c editing from a legal perspective. blue is nice and soothing, change the facts to reasonable ones.
- d who may enter into a contract
- e reshape the contract to eliminate the unreasonable portion or refuse to enforce the contract
5 Multiple Choice Questions
- 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.
- food, shelter, clothing, medical services, definitely. ( Quasi contract - adults get to recover). Cars, education, working tools, may depend on circumstances.
- contract will fail for lack of consideration when one party promises to perform an act they are already bound to perform
- no need for consideration if done in good faith
- Contract is so oppressive or unfair that the courts will not enforce them.
5 True/False Questions
Statute of Frauds → basically any writing can be introduced. must be signed by the defendant.
What is writing → defendant needs to sign it the only one who needs to sign.
3 Types of Real Estate → 1) sale 2) lease/rent 3) mortgage
Undue Influence → 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)
The minor → may return the property in the condition it is in at the time of disaffirmance.