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5 Written questions

5 Matching questions

  1. Illegal contracts are void
  2. Court can either
  3. Void if
  4. Court may... (Uncon. Con.)
  5. The adult - responsibility party
  1. a must return the minor to the status quo - i.e., as if the contract never happened. thus, any money will be returned - called the duty of restitution
  2. b neither party can sue for nonperformance. even if part of the contract has been performed the court will leave party where they found them
  3. c reshape the contract to eliminate the unreasonable portion or refuse to enforce the contract
  4. d refuse to enforce it or alter to make reasonable
  5. e 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)

5 Multiple choice questions

  1. an illusory promise - I will perform only if i want to Moral obligations - love or affections
  2. courts really saying they will not enforce gift promises
  3. In order to prevent enforcement of the contract the person must be legally insane at time of entering into the contract
  4. 1) both sides must give something of value 2) there must be a bargained for exchange
  5. Fraud ( you have forever to dispute this)

5 True/False questions

  1. Qualified as writingbasically any writing can be introduced. must be signed by the defendant.


  2. 3 Elements of Unconscionable Contracts1) the parties have unequal bargaining power 2) the dominant party uses this power to enter into an unfair contract 3) the weaker party has no reasonable alternative


  3. Mutual MistakeVirtually 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.


  4. Statute of Fraudsboth parties are mistaken regarding a material fact - important to the subject matter of the contract


  5. Statute of Frauds Enforceable :Certain contracts must be in writing to be enforceable


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