5 Written questions
5 Matching questions
- Unilateral Mistake
- The minor
- Blue Pencil
- Court may... (Uncon. Con.)
- Statute of Frauds Enforceable :
- a editing from a legal perspective. blue is nice and soothing, change the facts to reasonable ones.
- b reshape the contract to eliminate the unreasonable portion or refuse to enforce the contract
- c may return the property in the condition it is in at the time of disaffirmance.
- d 1) sale of goods over $500 2) real estate contracts 3) contracts to pay the debt of another.
- e 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.
5 Multiple choice questions
- 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)
- who may enter into a contract
- Promisor receives a legal benefit or the promisee suffers a legal detriment
- is required to return the incompetent party to the status quo. incompetent party will be required to return the property in its current condition.
- courts really saying they will not enforce gift promises
5 True/False questions
3 Types of Real Estate → 1) sale 2) lease/rent 3) mortgage
Pre-existing duty rule → 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)
If fraud, must have 4 things → 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.
Exculpatory clauses → relieve party for liability for ordinary negligence ( ONLY SCARE PEOPLE INTO NOT SUING)
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