Question Review Flashcards
Can a minor disaffirm a contract and when?
During the period of minority, a promise by a minor to not disaffirm a contract is itself voidable. Until attaining the common law age of 21 or most states’ age of majority of 18, minors may form contracts, but their obligations are voidable. Disaffirmance is accomplished by words or deeds that objectively signify the election to avoid liability. Disaffirmance can occur prior to performance or even afterwards. Until the disaffirmance, the contract is binding.
What is a bargained-for exchange?
To form a valid contract, there must exist “bargained-for” consideration. A bargained-for exchange exists when the promisor makes a promise to persuade the promisee to perform, and the promisee is persuaded to perform because of the promise of the promisor.
The objective theory of contract formation…
Favors the finding of a consideration if the promisor’s promise has induced the promisee to change position in a way that was both foreseeable to the promisor and detrimental to the promisee.
Under the doctrine of continuing trespass…
One who takes another’s property (without authorization) intending only to use it temporarily before restoring it unconditionally to its owner may nevertheless be guilty of larceny. If the initial taking was wrongful, the trespass is said to continue until the time the intent to steal is formed. The intent element will be satisfied where a defendant intends, when taking the property, to recklessly use it temporarily, and then abandon it, hoping someone will return it to the victim, even if the property somehow does return to the victim.
Trespassory taking constitutes…
In this instance, the salesman intended to keep the gun for himself even before he had custody of the gun When the owner gave the shotgun to the salesman, only custody of the gun passed. The salesman’s then-existing intention to steal the shotgun constituted the trespassory taking which rendered his immediate carrying away the gun a larceny.
Statements contained in treatises may be admitted…
Into evidence during direct or cross-examination of an expert witness if (1) the treatise is established as a reliable authority and (2) the treatise is called to the attention of the expert witness during cross-examination or is relied upon by the expert in direct testimony. As an exception to the hearsay rule, statements in treatises admitted pursuant to FRE 803(18) may be used as substantive evidence, by reading them to the jury.
