Case Rules Pgs 1-39

Question 0

If you make a contract with an insane person under good faith, in full consideration, and you execute it without knowledge of the insanity, and a prudent person in your situation would believe they were capable, what is the result?

Answer 0

The contract will be sustained

Question 1

If a consumer clicks on the download button that signifies assent to terms, but doesn’t show a contractual provision, and the consumer is unaware of the document’s contractual nature, what result?

Answer 1

Regardless of his apparent manifestation of consent, he is not bound by inconspicuous contractual provisions

Question 2

If a debt is unliquidated, then the tender of a certain sum, followed by acceptance and retention of the sum amounts to what?

Answer 2

An accord and satisfaction

Question 3

If an amount is liquidated, then a tender and acceptance amount to what?

Answer 3

No accord or satisfaction

Question 4

Do modifications under the UCC require consideration?

Answer 4

No, only good faith

Question 5

What is coercive conduct evidence of?

Answer 5

A modification sought in bad faith

Question 6

How to reductions in output/requirements contracts that are unreasonably disproportionate to the stated estimate work?

Answer 6

Good faith reductions can be highly disproportionate to stated estimates. The seller assumes the risk of all good-faith variations in the buyer’s requirements even to discontinue business

Question 7

What is the consideration in a noncompete agreement?

Answer 7

The employers forbearance from terminating the at will employment relationship