Chapter 9 TEST 2

Question 1

Unconscionable

Answer 1

A contract or clause that is void on the basis of public policy because one party, as a result of his or her disproportionate bargaining power, is forced to accept terms that are unfairly burdensome and

Question 2

Adhesion contract

Answer 2

205

Question 3

Substantive Unconsionability

Answer 3

205

Question 4

Exculpatory Clause

Answer 4

205

Question 5

Voluntary Consent

Answer 5

205

Question 6

Mistakes of fact

Answer 6

206

Bilateral and Unilateral

Question 7

Mistake of Value

Answer 7

207

Question 8

Fraudulent Misrepresentation

Answer 8

207 Has to be a misrepresentation of a material fact

Question 9

Actual Fraud

Answer 9

?

Question 10

Legal Fraud

Answer 10

?

Question 11

Undue Influence

Answer 11

EX. one parent dead other in 80s one child lives in mobile others everywhere else. One in mobile always checks on parents for 4 more years. When parent dies they give half or more to mobile child and split the other half between 5 children. 5 children are going to say Undue influence.
Could be undue influence, if dementia were an issue.
However if her mind was there, it would be hard to claim undue influence.

Question 12

Duress

Answer 12

When somebody forces you to do something against your will.
EX. go into a drugstore only one open on sunday, if drugstore owner knows hes only one open and you need it and he charges you double.

Question 13

Statute of Frauds

Answer 13

A type of contract that in order to be enforcable has to be in writing.
1. Involving interest of land
2.cannot n
etc on 208

Question 14

Third Party Rights

Intended beneficiary

Answer 14

Asks attorney to write will, attorney makes error thats not found until after death omitting one of the siblings. Does that sibling have a remedy? What can they do? If she can prove that she was intended to be a beneficiary, she could sue the attorney for what she wouldve gotten.

Question 15

Unintended beneficiary

Incidental Benificiary

Answer 15

A is selling a car to pay C, B signs contract to buy car, B backs out, can C sue B? no.

Question 16

Assignment

Answer 16

The transfer of contractural rights to a third party

Ex: A is selling a car to pay C, B signs contract to buy car You ask B to pay C directly, he doesnt pay, C can now sue because she was the intended beneficiary

list on 208

Question 17

Delegations

Answer 17

The transfer of contractual duties to a third party

1. When special trust has been placed in the obligot
2. When preformance depends on the personal skill or talents of the obligor person to contractually obligated to perform
3. When performance by a third party will vary materially from that expected by the obligee
4. When the contract expressly prohibits delegation