Contracts: GA distinctions

Question 1

GA: What effect does a promise under seal have?

Answer 1

Prima facie presumption of consideration, which is rebuttable

Question 2

When will a defense for incapacity not work in GA?

Answer 2

• married at 16 or 17
• emancipated
• student loan contract
• business and professional contracts

Question 3

GA: Commitment to lend money - requirements

Answer 3

Must be in writing to be enforceable

Question 4

Equal dignities rule

Answer 4

If the document itself must be in writing, then giving authority to an agent to execute that document on your behalf must be in writing.

Question 5

Specific disclaimers: when is writing conspicuous

Answer 5

Heading: In all capitals
Body: in a larger font or difference type or color

Question 6

Will an employee still be considered at will if the employee handbook lists termination policies and procedures?

Answer 6

Yes, if employment is for an indefinite time

Question 7

GA: lemon law

Answer 7

If within the first 24,000 miles or first 2 years: customer can inform manufacturer that a car is nonconforming

Manufacturer has a reasonable number of attempts to fix it. If it isn’t fixed, consumer can give one final repair attempt and then after that consumer is eligible for a refund or replacement car.

Question 8

Third party beneficiaries in GA

Answer 8

• both parties must intend for third party to be a beneficiary
• contract must expressly specify and identify the person as a third party beneficiary

Question 9

When can a contract be assigned in GA

Answer 9

Even if the contract says NO assignment, if the party has already performed so that the contract is no longer executory - party can assign the right to enforce the contract

Question 10

Who may bring a breach of warranty claim?

Answer 10

Buyer, buyer’s family or household members, or a guest of the buyer in the buyer’s home if it is reasonable to expect that the person may use the goods and the person suffers injury.