what is an example/what does an adhesion contract include? (pick 3)

Adhesion does not automatically equal unconscionability, take it or leave it basis, Usually boilerplate language

what case goes with a party making unfair contract for their own benefit?

commerce v equity, credit bureau enterprises inc v pelo

what cases go with unconscionability? UCC §2-302; §208 (pick 2)

Williams v walker Thomas furniture co, higgins v superior court

Classes of Contact Covered under the Statute of Frauds: §110

Sales of land (Leases, Mortgages): beaver v brumlow, Marriages (an old rule barely used today), Answer for the duty of another (Debt), Executor or administrator: Wills, Trust, and Estates

once the infant reaches 18 (day before rule) they have the power to do what?

affirm(stick to) or ratify(end) the contract or are bound to it then

a party is entitled to restitution when acting without consent or knowledge of the other party if:

its impossible for party to give consent/ bc of youth or mental impairment, party helping party= 0 reason to think theyd not consent to service/ action, action/service necessary to prevent party from suffering serious harm/pain, he acted unofficiousnessly and with the intent to charge

if someone says that they will pay for something what has to be paid?

debts discharged in bankruptcy, debts bared by time, obligations of minors

some combinations may make a contract what? (pick all that apply)

Grossly oppressive & unfair advantage of another’s necessities or distress, over persuasion, party try to take advantage of another party of a weaker mind at the time, form of persuasion that is coercive & overpowers ones will wout convincing

what does procedural unconscionability do?

focuses on aspects of surprise & oppression

what does surprise mean in procedural unconscionability?

disappointed reasonable expectations of the weaker party

Restitution contains? (choose the best answer)

Implied in fact and implied in law

what is an example of negligent misrepresentation?

Has there ever been water damage? you don't know but you say no.

what is the unequivocally referable test?

making valuable, permanent, and significant improvements to the property

what is the big rule for mental incapacity contracts?

mental defect party can void contract if didnt understand when signing it

what are those things that make up undue influence? (pick all that apply)

extreme emphasis on untoward consequences of delay, completion of the transaction in an unusual place, insistent demand that the business be finished at once, discussion of the transaction at an unusual or inappropriate time

what is unconscionability? UCC §2-302; §208 (pick 2)

terms extremely unjust/onesided for party who has superior bargaining power, Shocks the conscience of the court

what are the elements of economic duress?

party saying ED must show hes a victim of wrongful or unlawful act/threat, Such an act or threat must deprive the victim of his unfettered will

what is fraud in inducement? (2 answers)

contract is voidable if party relied on the misrepresentation when signing, fraudulent misrepresentation used to induce another to enter a contract

what is needed for both tests?

expert testimony (cant just say I have a mental condition)

what is an example of fraud by silence/duty to disclose? (pick 2)

conveys false impression by disclosing some facts & conceals others..., concealing is a way falsely representing whats disclosed is whole truth

what 2 factors are needed for specific performance to happen under statute of frauds?

taking possession of the property, making valuable, permanent, and significant improvements to the property

infants (0-morning of last day 17) have a voidable right UNLESS?

the contract is a necessity: food, shelter, clothes, (car if needed, etc)

what are the two tests under mental incapacity? (choose both name options)

cognitive and volitional, traditional and mental

what are those things that make up undue influence? (pick all that apply)

statements that there is no time to consult financial advisers or attorneys, multiple persuaders by the dominant side against single servient party, absence of third-party advisers to the servient party

what is unequivocally referable?

assuming there is a contract based on the claim made

what is an example of something sufficient to establish a contract? and what is a case that shows this?

buffalo v hart, signing a personal check & accepting that check = sufficient performance

What is implied in law/quasi contract?

a legal fiction not done through words

which case(s) goes with implied in law?

commerce v. equity contracting co., credit bureau enterprises, inc. v. pelo

when can economic duress be voidable? (Big Rule)

a party has made unlawful threats/acts that forces party to sign contract

Restatement of Restitution NOT IN BOOK

§116 : contract made for promisors benefit not the benefit of both parties

what is public policy?

if oppressive= unreasonable & void bc harmful to publics interest

what is physical duress? §174

Threat to life or limb, mayhem, or imprisonment, Actual physical force to appear to sign a contract

supplementing the agreement: what do exclusive dealing arrangements impose an obligation of a seller to do?

use best efforts to give out & market goods: lady duff Jordan, wood v lady

what does manfactp stand for?

a- absence of family; c-consequences of delay, t- time; p-place, n-no time for attorney; f-finished at once, m-Multiple Persuadersa-absence of friends

what is efficient to establish a contract? (pick the best answer)

delivery and acceptance of a good

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Contracts Final Restitution-Public Policy

100 termsStudBud Administration5 plays

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Questions 100

Answers

1
what is an example/what does an adhesion contract include? (pick 3)
Adhesion does not automatically equal unconscionability
take it or leave it basis
the black letter rule
Usually boilerplate language
2
what case goes with a party making unfair contract for their own benefit?
webb v mcgowin
commerce v equity
Buffalo v hart
credit bureau enterprises inc v pelo
3
what cases go with unconscionability? UCC §2-302; §208 (pick 2)
na
Williams v walker Thomas furniture co
higgins v superior court
none of the above
4
what does the statute of frauds need to be satisfied?
no writing
multiple forms of writing
one writing
nothing
5
Classes of Contact Covered under the Statute of Frauds: §110
Sales of land (Leases, Mortgages): beaver v brumlow
Marriages (an old rule barely used today)
Answer for the duty of another (Debt)
Executor or administrator: Wills, Trust, and Estates
6
is mental incapacity voidable?
False
True
7
once the infant reaches 18 (day before rule) they have the power to do what?
the infant can get full payment back after voiding the contract
infant can get payment back after the depreciated amount is subtracted
the infant can lie about their age
affirm(stick to) or ratify(end) the contract or are bound to it then
8
a party is entitled to restitution when acting without consent or knowledge of the other party if:
its impossible for party to give consent/ bc of youth or mental impairment
party helping party= 0 reason to think theyd not consent to service/ action
action/service necessary to prevent party from suffering serious harm/pain
he acted unofficiousnessly and with the intent to charge
9
if someone says that they will pay for something what has to be paid?
debts in the future
debts discharged in bankruptcy
debts bared by time
obligations of minors
10
some combinations may make a contract what? (pick all that apply)
Grossly oppressive & unfair advantage of another’s necessities or distress
over persuasion
party try to take advantage of another party of a weaker mind at the time
form of persuasion that is coercive & overpowers ones will wout convincing
11
what case goes with fraudulent misrepresentation?
park 100
hill v jones
syester v banter
na
12
what does procedural unconscionability do?
unfair and one sided terms
sliding scale
focuses on aspects of surprise & oppression
focuses on morals
13
what does surprise mean in procedural unconscionability?
focuses on morals
the unreasonable expectations of the stronger party
unfair and one sided terms
disappointed reasonable expectations of the weaker party
14
Restitution contains? (choose the best answer)
implied in fact
Implied in fact and implied in law
implied in law
moral obligation
15
which case goes with moral obligation if it is sufficient consideration?
mills v wyman
locke v warner bros
webb v. mcgowin
sparrow v demonico
16
what is an example of negligent misrepresentation?
you know there's been water damage but say no
Has there ever been water damage? you don't know but you say no.
negligent misrepresentation doesn't exist
truly believe there hasn't been so say no
17
what is the unequivocally referable test?
making nonpermanent changes to the property
making valuable, permanent, and significant improvements to the property
selling the property
taking possession of the property
18
is unconscionability voidable?
True
False
19
what case goes with innocent misrepresentation?
park 100
alfa life v Lewis
locke v warner bros
none of the above
20
what is the big rule for mental incapacity contracts?
a mentally impaired person can't have a contract made by or for them
all of the above
none of the above
mental defect party can void contract if didnt understand when signing it
21
what are those things that make up undue influence? (pick all that apply)
extreme emphasis on untoward consequences of delay
completion of the transaction in an unusual place
insistent demand that the business be finished at once
discussion of the transaction at an unusual or inappropriate time
22
what is unconscionability? UCC §2-302; §208 (pick 2)
terms extremely unjust/onesided for party who has superior bargaining power
na
Shocks the conscience of the court
none of the above
23
how many things make undue influence? §177
4
5
6
7
24
what are the elements of economic duress?
party saying ED must show hes a victim of wrongful or unlawful act/threat
Such an act or threat must deprive the victim of his unfettered will
none of the above
Threat to life or limb, mayhem, or imprisonment
25
what is fraud in inducement? (2 answers)
nondisclosure of a fact known to one party can mean fact doesn't exist
contract is voidable if party relied on the misrepresentation when signing
Misrepresentation of nature of contract not 1 of its nonessential terms
fraudulent misrepresentation used to induce another to enter a contract
26
what is needed for both tests?
all of the above
none of the above
witnesses
expert testimony (cant just say I have a mental condition)
27
what is an example of fraud by silence/duty to disclose? (pick 2)
conveys false impression by disclosing some facts & conceals others...
concealing is a way falsely representing whats disclosed is whole truth
none of the above
na
28
is infancy voidable?
True
False
29
what 2 factors are needed for specific performance to happen under statute of frauds?
taking possession of the property
making nonpermanent changes to the property
making valuable, permanent, and significant improvements to the property
selling the property
30
infants (0-morning of last day 17) have a voidable right UNLESS?
unless the other party doesn't want them to
they are 17
unless they are 12
the contract is a necessity: food, shelter, clothes, (car if needed, etc)
31
what are the two tests under mental incapacity? (choose both name options)
cognitive and volitional
incapacity and referrable test
none of the above
traditional and mental
32
what case goes with fraud in execution?
syester v banta
locke v warner bros
hill v jones
park 100 v kartes
33
what are those things that make up undue influence? (pick all that apply)
none of the above
statements that there is no time to consult financial advisers or attorneys
multiple persuaders by the dominant side against single servient party
absence of third-party advisers to the servient party
34
is fraud by inducement voidable?
False
True
35
what is unequivocally referable?
assuming there is not a contract
not knowing there is a deal
selling the property
assuming there is a contract based on the claim made
36
is fraud in execution voidable?
False
True
37
what case goes to avoiding enforcement: infancy doctrine?
Dodson v shredder
international shoe
buffalo v hart
locke v warner bros
38
what is an example of something sufficient to establish a contract? and what is a case that shows this?
buffalo v hart
a handshake deal and verbal agreement
coin v mustard
signing a personal check & accepting that check = sufficient performance
39
is negligent misrepresentation voidable?
True
False
40
What is implied in law/quasi contract?
a legal fiction not done through words
done through actions/conducts
done through words
the same as implied in fact
41
which case(s) goes with implied in law?
commerce v. equity contracting co.
watts v. watts
credit bureau enterprises, inc. v. pelo
beaver v. brumlow
42
what case shows the unequivocally referable test?
outsider v insider
park 100
docking v park
beaver v brumlow
43
when can economic duress be voidable? (Big Rule)
any time
a party has made unlawful threats/acts that forces party to sign contract
a party makes lawful threats/acts
no it is not voidable
44
is innocent misrepresentation voidable? §162(2)(cmtc)
False
True
45
Restatement of Restitution NOT IN BOOK
§116 : contract made for promisors benefit not the benefit of both parties
§12
§325
§74
46
what is public policy?
modern surrogacy
how you cross the sidewalk
if oppressive= unreasonable & void bc harmful to publics interest
traditional surrogacy
47
do courts like covenants not to compete?
...
...
no
yes
48
what is physical duress? §174
none of the above
Threat to life or limb, mayhem, or imprisonment
Actual physical force to appear to sign a contract
all of the above
49
supplementing the agreement: what do exclusive dealing arrangements impose an obligation of a seller to do?
to use the modern rule
signing a personal check & accepting that check = sufficient performance
use the traditional rule
use best efforts to give out & market goods: lady duff Jordan, wood v lady
50
what does manfactp stand for?
a- absence of family; c-consequences of delay
t- time; p-place
n-no time for attorney; f-finished at once
m-Multiple Persuadersa-absence of friends
51
what is efficient to establish a contract? (pick the best answer)
delivery and acceptance of a good
a handshake
delivery of a good
acceptance of a good
52
what case goes to the statute of fraud needing more than one writing? (common law)
wood v Lucy
credit bureau v pelo
water v pike
crabtree v Elizabeth
53
is economic duress voidable?
True
False
54
what is the modern/new rule for infancy?
the infant can get full payment back after voiding the contract
infant can get payment back after the depreciated amount is subtracted
the infant can lie about their age
it is the cognitive test
55
what happens if someone forcefully concerts a benefit upon another person?
something
that person is entitled to restitution
that person is not entitled to restitution
nothing
56
what are the two types of elements for unconscionability?
none of the above
procedural and substantive
traditional and modern
moral and obligated
57
what is the traditional rule for infancy?
the infant can lie about their age
the infant can get full payment back after voiding the contract
infant can't get full payment back after voiding it
it is the cognitive test
58
What contract can be removed from the statute of frauds if there is substantial performance making it unjust to deny it?
unenforceable performance contract
unenforceable oral contract: beaver v brumlow
handshake contract
no contract
59
what is negligent misrepresentation? §162(1)(b)(c)) (pick all that apply)
include assertion made true but w/out knowledge or confidence by the maker
if it is true or false may include statements made recklessly/ negligently
unsure
none of the above
60
under unconscionability there is an adhesion contract. what is an adhesion contract? (pick 2)
party is given only the option to either accept the contract or decline it
greatr degree of 1 factor & lesser degree of another to find unconscionable
the black letter rule
standardized and created by the party with stronger bargaining power
61
what does the modern volitional test do?
1 party knows other party cant understand & can't act reasonably
it takes away the ability to void the contract
the person can't understand the contract or its consequences
it give the person the contract
62
what is the time after 18 that an infant has to decide to void/dissafirm the contract?
6-8 months to after turning 18
1 year
6 months- 1 year
never
63
what is another type of duress and is it voidable?
emotional duress
no it is not voidable
a contract induced by improper threats
yes, it is voidable
64
what is a material benefit?
something made from a material
a promise for something in the future
a gift
a promise made in exchange for something someone has done in the past
65
what case goes with economic duress? §175; §176
locke v warner bros
none of the above
park 100
totem marine v alyeska
66
What is implied in fact?
a legal fiction
done through actions/conducts
the same as implied in law
done through words
67
Promissory Restitution:
moral obligation is not sufficient consideration
implied
gratuitous
moral obligation= sufficient consideration if material benefit is receieved
68
what happens if a lot of the 7 things are together?
the persuasion may be characterized as excessive
it will be upheld in court as binding
nothing different will happen
there aren't 7 things
69
what does substantive unconscionability do?
surprise and oppression
hiding the arbitration clause
disappointing the weaker party
terms may generally be described as unfairly one-sided
70
which case goes with moral obligation not being sufficient consideration?
locke v warner bros
Dodson v shrader
sparrow v demonico
mills v wyman
71
what can an infant not do or the contract is automatically not voidable?
the infant can lie about their age
infant can get payment back after the depreciated amount is subtracted
it is the cognitive test
the infant can get full payment back after voiding the contract
72
what does the traditional cognitive test do?
other party knows that other person lacks ability to understand
it give the person the contract
the person can't understand the contract or its consequences
it takes away the ability to void the contract
73
what is fraudulent misrepresentation? §164(1)
na
partys assent is induced by fraudulent or material misrepresentation ...
none of the above
by the other party upon which the recipient is justified in relying
74
what saying helps remember the 7 things?
manact
pactact
manfactp
pactman
75
what case goes with mental incapacity?
sparrow v demonico: §12, §15
locke v warner bros
bureau v pine
park 100
76
under unconscionability there is the black letter rule. what is the rule?
court may rescind provisions in contract of adhesion w both elements in it
it isn't a rule
take it or leave it basis
for boilerplate language
77
when can a contract still be enforced even if there is no writing?
if mental incapacity is present
there is no promise being relied on
there's promissory estoppel (detrimental reliance) Alaska Democratic v Rice
if there is a moral obligation
78
Restitution (absent of a promise restitution) has 2 elements. What are they?
taking possession of the property & making valuable improvements to it
reasonable best efforts and detrimental reliance
no its only one element: reasonable best efforts
enrichment and unjust
79
under this standard where does duress exist? (choose all that apply)
one party involuntarily accepted the terms of another
none of the above
such circumstances were the result of coercive acts of the other party
circumstances permitted no other alternative
80
is fraud by silence/duty to disclose voidable?
True
False
81
is fraudulent misrepresentation voidable?
False
True
82
restitution cannot be what?
a fact
legal
gratuitous
implied
83
What is enrichment?
one person receives a benefit
another word for the statute of frauds
makes someone richer
a moral obligation
84
what is fraud by silence/duty to disclose? (2 answers)
Misrepresentation of nature of contract not 1 of its nonessential terms
contract is voidable if party relied on the misrepresentation when signing
nondisclosure of a fact known to one party can mean fact doesn't exist
fraudulent misrepresentation used to induce another to enter a contract
85
is public policy voidable? §178
True
False
86
what case goes with public policy?
none of the above
lenawee v messerly
valley med v farmer
pm v tb
87
Classes of Contact Covered under the Statute of Frauds: §110 (continued)
contract not done in 1 year- Multi-Year Contracts: crabtree v elizabeth
na
Sale of Goods (MORE than $500.00): Buffalo v hart
the stuff from the last slide too
88
which case goes with implied in fact?
commerce v. equity contracting co.
watts v. watts
beaver v. brumlow
credit bureau enterprises, inc. v. pelo
89
under unconscionability there is a sliding scale when the 2 elements are applied. what is a sliding scale?
the black letter rule
greatr degree of 1 factor & lesser degree of another to find unconscionable
unreasonable and void
take it or leave it basis
90
what case goes with fraud by silence/duty to disclose?
park 100 v kartes
locke v warner bros
syester v banta
hill v jones
91
what is fraud in execution? §163
Misrepresentation of nature of contract not 1 of its nonessential terms
none of the above
nondisclosure of a fact known to one party can mean fact doesn't exist
fraudulent misrepresentation used to induce another to enter a contract
92
what is an example of innocent misrepresentation?
truly believe there hasn't been so say no: heart condition=no but does have
you know there's been water damage but say no
Has there ever been water damage? you don't know but you say no.
negligent misrepresentation doesn't exist
93
Statute of Frauds: affirmative defense. What is its purpose?
to make new statutes
to make a contract
to make reasonable best efforts
to prevent fraud and injury
94
what does substantive unconscionability include/ what is an example? (pick 2)
not hiding the arbitration clause
hiding the arbitration clause
the terms themselves are one sided
unfair and one sided
95
what case goes with fraud by inducement?
syester v banta
hill v jones
park 100 v kartes
locke v warner bros
96
what is the element(s) of absent of a promise restitution? (big king always unjust)
defendant has knowledge of the benefit
it would be unjust if defendant did not pay the value for it
defendant has accepted or retained the benefit concurred
plaintiff has concurred a benefit on defendant
97
contract puts on 1 party a discretionary power affecting rights of another a duty is imposed to use that discretion in?
na
unfairly
good faith & fair dealing: Locke v Warner bros
bad faith unjustly
98
what case goes with the black letter rule?
park 100
locke v warner bros
higgins v superior court
none of the above
99
what does procedural unconscionability include/ what is an example? (pick 2)
surprise and oppression
hiding the arbitration clause
just oppression
not hiding the arbitration clause
100
is physical duress void?
True
False

Contracts Final Restitution-Public Policy Flashcards | StudBud