Questions Pt 6 Flashcards
That party may void the contract by raising the statute of frauds as an affirmative defense: Suretyship (debt of another);
A. Securities
B. Suretyship
C. Sandstones
D. Scrutinies
Suretyship
That party may void the contract by raising the statute of frauds as an affirmative defense: X consideration of marriage.
A. Prenuptial
B. Suretyship
C. Marital
D. Family
Prénuptial
That party may void the contract by raising the statute of frauds as an affirmative defense: Executor/administrator (as of a X).
A. mill
B. will
C. bill
D. rill
Will
The clearest way to do the analysis is in two steps: Is the contract within the statute (i.e. does one of the above situations apply)? If not, your analysis is over; the contract is not affected by the statute. If it is within the statute, then: Is there a writing signed by the party to be bound and containing the substance of the X?
A. contracts terms?
B. contract’s firms?
C. contract’s terms?
D. contract’s thermes?
Contract’s terms
Satisfaction of the Statute of Frauds does not require that there be a writing reflecting the X of a contract.
A. contempt
B. Causality
C. capacity
D. Content
Content
A person who lacks capacity to contract may avoid enforcement of a contract; There are two categories: minors, and those lacking X.
A person who lacks capacity to contract may avoid enforcement of a contract; There are two categories: minors, and those lacking X.
A. oral capacity
B. sensual capacity
C. mens
D. mental capacity
Mental capacity
The common law required the attainment of age X for capacity to enter into binding contracts; the Federal constitution has lowered this requirement to age 18.
A. 18
B. 21
C. 25
D. 23
21
Generally, a minor may avoid enforcement of a contract simply by showing that they were a minor at the time the contract was entered into; the contract is voidable at the minor’s option; if the minor chooses to X the contract, they may recover against the other party for restitution damages, which will be offset by the reasonable value of any benefit they received.
A. Disaffirm
B. Affine
C. Affirm
D. Confirm
Disaffirm
Intoxicated (alcohol, drugs) persons also lack capacity if their condition was known to the other party or should have been X.
A. discreet
B. disappeared
C. apparent
D. transparent
Apparent
Mistake: The X of mistake can be grounds for rescission of a contract when one or more parties makes a mistake about the factual circumstances underlying the contract.
A. Jurisprudence
A. Jurisprudence
B. Case Law
C. Doctrine
D. Theory
Doctrine
Mistake: The following elements must be met: The mistake relates to facts in existence at the time the contract was formed. (Mistakes of judgment don’t count. Mistakes about X fall under excuse due to changed circumstances); The mistake relates to a basic assumption on which the contract was made (i.e. what the subject matter is rather than what it is worth); The mistake has a material effect on the contract; The complaining party did not bear the risk of the mistake.
A. Present events
B. Future events
C. Futural events
D. Ancient events
Future event
Assumption of risk may be X or implicit. A. implicit
B. Hid
C. explicit
D. Told
Explicit
Unilateral mistake: One party makes a mistake; it is X difficult for the mistaken party to get rescission.
A. Less
B. More
C. Most
D. Least
More
Courts may need to interpret or X contract terms where the original terms of the contract are missing, or are unclear or ambiguous; rather than declare a contract void for vagueness, courts will facilitate commerce by holding the contract valid with the additional interpretation or construction.
A. Interpret
A. Interpret
B. Understand
C. Construe
D. Consider
Construe
Interpretation: The process of discerning the meaning of ambiguous contract terms; Construction: The process of adding contract terms by X. A. Factual implication
B. Legal implication
C. Moral implication
D. Signal implication
Legal implication
The parol evidence rule is a misnomer - First, parol evidence is defined as oral evidence, but the parol evidence rule applies to oral and written evidence extrinsic to a contract; Second, the rule is not only a rule of evidence, but a guide in X.
A. interpretation and not construction
B. interpretation and construction
C. interpretation and building
D. land construction
Interprétation and construction
The parol evidence rule prohibits the introduction of extrinsic evidence of prior or contemporaneous agreements offered to X, vary, or modify an unambiguous writing which the parties intended to be a full and final expression of their agreement.
A. Consent
B. Contradict
C. Confirm
D. Affirm
Contradict
Note that oral and written agreements made after the formation of the contract are not X by the rule, because they can be considered new contracts or modifications of the original contract; written agreements made contemporaneously with the original contract are not covered by the rule, because they can constitute part of the contract itself.
Note that oral and written agreements made after the formation of the contract are not X by the rule, because they can be considered new contracts or modifications of the original contract; written agreements made contemporaneously with the original contract are not covered by the rule, because they can constitute part of the contract itself.
A. covered B. congested C. played
D. seen
Covered
The parol evidence rule was once applied strictly: if a written contract was clear on its face, with no obvious omissions (“X”), then a judge would not even consider the content of evidence covered by the rule. A. Parftly integrated
B. Fully integrated
C. Partly integrated
D. Integrated
Fully integrated
Modernly, the rule has ceased to be a rule of evidence and is more of a X in analyzing such evidence.
A. Rule
B. Guideline
C. Soft Law
D. Law
Guideline
Condition: An event that creates, limits, or X an obligation.
A. charges
B. discharged
C. discharges
D. recharges
Discharge
Condition precedent: A condition that creates a X obligation.
A. Present
B. Past
C. Past and future
D. Future
Future
Conditions X: Simultaneous conditions that create simultaneous obligations.
A. concurrent
B. recurrent
C. current
D. concurrence
Concurrent
Condition subsequent: A condition that X a preexisting obligation. A. reneges
B. negates
C. Renegates
D. Requests
Negates
Implied condition: A condition inferred by the court from the facts of the case; based on the X of the parties.
A. Intention
B. intent
C. Ressent
D. Request
Intent
Constructive condition: A condition X by the court as a matter of law; based on public policy principles.
A. Consented
B. created
C. Recreated
D. Born
Created
Under some circumstances, an express condition may be X. A. excused
B. conquest
C. assent
D. request
Excused
A waiver is a knowing and voluntary abandonment of a right; it may be made expressly or impliedly; It is X, without anything being received in exchange. If something were received in exchange, consideration would be present and the change would constitute a modification contract.
A. both-sided
B. mutual
C. one-sided
D. requested
One-sided
Performance of a condition may be excused if the other party engages in obstructive or uncooperative conduct; this has the effect of making the obligations of the X party unconditional.
A. obstruction
B. obstructivated
C. obstructive
D. opposite
Obstructive
The doctrine of X arises when one party is alleged to have failed to perform its obligations under a contract; The court will determine whether the party alleged to have breached has committed a material breach or has substantially performed; To determine that a party has materially breached is to determine that it has not substantially performed.
The doctrine of X arises when one party is alleged to have failed to perform its obligations under a contract; The court will determine whether the party alleged to have breached has committed a material breach or has substantially performed; To determine that a party has materially breached is to determine that it has not substantially performed.
A. breaching B. breach
C. beach
D. breached
Breach
The determination is important because if the breaching party has substantially performed, they may enforce the contract, holding the X to their performance (usually payment), minus any allowance for the economic loss.
A. breaching party
B. surfing party
C. non-breaching party
D. non-breaching partie
Non-breaching party
