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Cards In This Set
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1.
___________
is a provision excusing one party from fault or liability.
a.
Procedural
unconscionability
b.
Exculpatory
clause
c.
Substantive
unconscionability
d.
Tortious
conduct
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B.
Exculpatory
clause
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2.
A
and B contract for the sale of goods.
Later A, who is 13 years old, wants to cancel the contract on grounds of
incapacity. Which of the following is
true? Assume that neither A nor B is a
merchant.
a.
The
common law capacity rules apply, because Article 2 of the UCC has no rules on
the subject.
b.
The
common law capacity rules apply, because neither A nor B is a merchant.
c.
Article
2’s capacity rules apply, because this is a contract for the sale of goods.
d.
The
Restatement (Second)’s capacity rules apply, because Article 2 says to use the Restatement
(Second) when it has no rule on the subject at issue.
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A.
The
common law capacity rules apply, because Article 2 of the UCC has no rules on
the subject.
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3.
A
and B make a bet concerning whether a certain rich citizen will die within the
next year. Neither party has any
economic interest in this person’s fate, except for that created by the
bet. This agreement:
a.
is
an unenforceable wagering agreement.
b.
is
unenforceable because it tends toward the commission of a crime.
c.
is
unconscionable because it contemplates the destruction of life.
d.
is
a valid and enforceable risk-allocation agreement.
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A.
is
an unenforceable wagering agreement.
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4.
A
binding promise or agreement requires that the parties to the agreement have
contractual capacity.
a.
True
b.
False
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B.
False
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5.
A
clearly illegal provision in an agreement:
a.
infects
the whole agreement and makes it unenforceable.
b.
means
criminal liability for the party who drafted it.
c.
may
be divisible from the rest of the agreement, which means that the court will
enforce the agreement without it.
d.
can
be rescinded if the weaker party voluntarily waives it.
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C.
may
be divisible from the rest of the agreement, which means that the court will
enforce the agreement without it.
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6.
A
contract made by a mentally impaired person; who has not been adjudicated
incompetent:
a.
can
only be disaffirmed after the person has regained his mental capacity.
b.
can
only be ratified after the person has regained his mental capacity.
c.
normally
is void rather than voidable.
d.
a
and b are true.
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B.
can
only be ratified after the person has regained his mental capacity.
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7.
A
contract that is deemed to be too harsh or oppressive to one of the contractual
parties may be unenforceable under the concept of:
a.
illegal
coercion.
b.
unilateral
influence.
c.
unconscionability.
d.
oppressive
confrontation.
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C.
unconscionability.
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8.
A
contract that is offered on a “take-it-or-leave-it” basis is known as a/an:
a.
usurious
contract.
b.
illegal
restraint of trade.
c.
exculpatory
clause.
d.
adhesion
contract.
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D.
adhesion
contract.
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9.
A
contract which contains a clause which excuses one party from liability for
his/her negligent conduct is
a.
usury.
b.
exculpatory.
c.
restraint
of trade.
d.
regulatory.
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B.
exculpatory.
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10.
A
contract with an intoxicated person is
a.
voidable
by intoxicated person.
b.
illegal.
c.
void.
d.
unenforceable.
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A.
voidable
by intoxicated person.
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11.
A
covenant not to compete is valid in Florida if it
a.
was
agreed to by both parties.
b.
covers
no more than the whole state.
c.
is
6 months or less in time.
d.
involves
work for the government.
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C.
is
6 months or less in time.
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12.
A
female attains the age of majority at what age?
a.
12
b.
14
c.
18
d.
21
e.
25
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C.
18
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13.
A
gross disparity in the values exchanged as part of a contract:
a.
will
invalidate a bargain.
b.
may
be a significant factor in a determination that a contract is unconscionable.
c.
may
be sufficient grounds for denying specific performance.
d.
two
of the above, b and c.
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D.
two
of the above, b and c.
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14.
A
major distributor of popular sportswear offers a franchise agreement to retail
stores. The contract is prepared on a
standard form and offers terms on a take-it-or-leave-it basis. Such a contract is called:
a.
exculpatory.
b.
a
usurious contract.
c.
an
illegal restraint of trade.
d.
an
adhesion contract.
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D.
an
adhesion contract.
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15. A
minor generally is liable for the reasonable value of
a.
insurance.
b.
necessaries.
c.
transportation.
d.
education.
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B.
necessaries.
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