Chapter 14 Book set Flashcards

1
Q

The contracts entered into by a minor are voidable at the option of that minor.

A

True

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2
Q

The lack of a license in certain occupations bars the enforcement of work-related contracts.

A

True

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3
Q

Twig is fifteen. In most states, for contractual purposes, Twig would be considered a minor until she is

A

eighteen

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4
Q

A contract to do something that is prohibited by statutory law is illegal but not void from the outset

A

False

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5
Q

The general rule is that any party to an illegal contract can recover for performance rendered.

A

False

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6
Q

The purpose of the right to disaffirm a contract is to

A

protect minors.

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7
Q

If a person was sufficiently intoxicated to lack mental capacity, his or her contracts are void.

A

False

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8
Q

Quest enters into a contract to buy a thoroughbred from Rancho Mesa. Quest can disaffirm the contract

A

by words or conduct

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9
Q

A party may have the capacity to enter into a valid contract and the right to avoid liability under it.

A

True

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10
Q

A lender who makes a loan at an interest rate above the lawful maximum commits usury.

A

True

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11
Q

A contract to do something that is prohibited by statutory law is void from the outset.

A

True

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12
Q

Foy, a minor, misrepresents his age when entering into a contract to buy a car from Gas Hogs Inc. Foy takes possession of the car, but makes no payments on the contract and tries to disaffirm it. Most likely, Gas Hogs can recover

A

the balance due on the contract

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13
Q

Contracts in restraint of trade always violate one or more federal or state statutes.

A

False

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14
Q

Any contract entered into with an unlicensed party is enforceable

A

False

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15
Q

Accepting and giving legal force to an obligation that previously was not enforceable is

A

ratification

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16
Q

A landlord can avoid liability for injuries that occur on rental property by including an exculpatory clause in the lease.

A

False

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17
Q

Intoxicated, Efron enters a contract for the sale of his business, Freight Dispatch, to Gretel for less than its market value. This contract is enforceable if, at the time,

A

Efron understood the legal consequences

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18
Q

A minor can enter into any contract an adult can, without exception.

A

False

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19
Q

Contracts entered into by mentally incompetent persons are not valid under any circumstances.

A

False

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20
Q

Restraints of trade interfere with free competition.

A

True

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21
Q

Generally neither party to an illegal contract can sue for breach.

22
Q

If an illegal contract is executory, either party can enforce it.

23
Q

A promise to refrain from competing in business with another is considered to be unconscionable.

24
Q

Generally, any party to an illegal contract can recover for performance rendered.

25
All persons can make legally binding contracts in all situations.
False
26
A party to a contract who has no reason to know that the contract is illegal can often obtain restitution on a partially executed contract.
True
27
Opal is a minor. In at least some states, Opal can enter into a legally binding contract when she
reaches the age of majority gets married is emancipated from her parents
28
Among the requirements for a valid contract, courts generally presume the existence of
contractual capacity.
29
Dari, a minor, wants to disaffirm a contract that she entered into with Echo, a cell service company. The law in Dari’s state, as in all states, permits minors to disaffirm
executory and fully executed contracts
30
A contract clause that releases an employer from liability for any injury to an employee, no matter who is at fault, is generally enforceable.
False
31
A court usually will enforce a covenant not to compete provided its restrictions are reasonable.
True
32
To disaffirm a contract is to deny its existence.
False
33
A minor can ratify a contract and thus make it enforceable.
True
34
A contract provision that deprives one party of the benefits of the agreement may seem unfair but a court is not likely to consider it unconscionable.
False
35
The general rule is that no party to an illegal contract can sue for breach.
True
36
A contract entered into by an intoxicated person can be voidable.
True
37
A minor can disaffirm a contract at any time but remains legally obligated to perform it.
False
38
An unconscionable contract is one in which the terms of the agreement are oppressive, unscrupulous, or grossly unfair.
True
39
Bianca, a minor, enters into a contract to buy two all-season passes from Chalet Ski Park. The contract will be made enforceable if Bianca
ratifies it.
40
Goods and services that are reasonably needed to maintain a minor’s standard of living, such as food, clothing, shelter, and medical services, are known as utilities.
False
41
If intoxication is purely voluntary, the intoxicated person’s contracts are not voidable.
False
42
Deb is a minor. She can enter into any contract an adult can, provided
the contract is not one prohibited by law for minors
43
Von, a minor, wants to return a set of skis that he bought from Winter Sports. He used—and wrecked—the skis. In a state in which a duty of restitution is imposed, Von most likely
must return the skis and pay for the damage
44
A contract that calls for an action contrary to public policy is illegal but not unenforceable.
False
45
When a covenant not to compete is unreasonable in its essential terms, a court will refuse to reform the covenant.
False
46
The performance of a contract cannot be rendered illegal by a statute after the parties have already entered into the contract.
False
47
Bern, a minor, signs a contract to buy a Caterwauler jet boat from Dahl, an adult. Dahl
cannot avoid the contract
48
Evelyn is a minor. As a minor, she
has the capacity to enter into a valid contract. has the right to avoid liability under a valid contract. is not usually legally bound by a contract.
49
Les, a minor, enters into a contract to buy a dirt bike from Motocross LLC. Les can ordinarily disaffirm the contract
at any time during minority. in a timely manner. for a reasonable time after coming of age.
50
Contracts entered into by mentally incompetent persons may be disaffirmed.
True