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5 Written questions

5 Matching questions

  1. Mutual Mistake
  2. Court may... (Uncon. Con.)
  3. Illegal contracts are void
  4. Exceptions
  5. Contractual capacity
  1. a both parties are mistaken regarding a material fact - important to the subject matter of the contract
  2. b 1) innocent person - justifiably ignorant of the law - purchase life insurance from an unlicensed company can still recover benefits 2) persons induced by fraud, duress, or undue influence - purchase drugs for me or i will kill you.
  3. c who may enter into a contract
  4. d reshape the contract to eliminate the unreasonable portion or refuse to enforce the contract
  5. e neither party can sue for nonperformance. even if part of the contract has been performed the court will leave party where they found them

5 Multiple choice questions

  1. In order to prevent enforcement of the contract the person must be legally insane at time of entering into the contract
  2. may return the property in the condition it is in at the time of disaffirmance.
  3. person must be incapable of understanding or comprehending the nature of the transaction.
  4. is required to return the incompetent party to the status quo. incompetent party will be required to return the property in its current condition.
  5. 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

5 True/False questions

  1. Contracts that lack considerationrendered before the promisor's promise was made - not valid consideration - not bargained for


  2. MisrepresentationFraud ( you have forever to dispute this)


  3. Void ifone party threatens to do something wrongful unless the other party enters into a contract.


  4. Unconscionable Contractsminors can disaffirm contracts


  5. What is writingbasically any writing can be introduced. must be signed by the defendant.