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86 cards
1Is incapacity a defense to the enforceability of a contract?
2What are the three ways in which a party lacks the capacity to enter into a contract?
3Is a minor’s contract voidable?
4What is the one fact a minor must prove in order to disaffirm a contract?
5When may a minor disaffirm a contract due to the minor’s incapacity?
6May a minor accept the benefits of a contract and then use her incapacity to disaffirm any burdens?
7A 16-year-old minor entered a contract to join a gym and executed a release of liability, waiving all rights to claim damages for any injury sustai...
8Do minors have the capacity to contract for necessities like food?
9May a married minor always avoid a contract due to incapacity?
10Is convincing evidence from both psychiatric and anecdotal sources generally necessary to meet the burden of proving mental incapacity?
11What are the two standards used to determine whether a mentally ill adult party may avoid an executory contract on grounds of mental incapacity?
12May a party who lacked capacity due to mental illness or defect at the time of a contract subsequently ratify the contract if he or she regains cap...
13May a person suffering from mental illness or defect avoid a contract if the other party has partly performed and had no knowledge of the incapacity?
14Under what circumstances does a person lack capacity to enter a contract due to intoxication?
15What must a party establish to avoid a contract on grounds of duress?
16What circumstances render a threat improper, as required to support a defense that a contract is unenforceable due to duress?
17Will a purely economic threat always give rise to a duress defense?
18A man struggled for months to find a job during an economic recession. An employer eventually offered the man a good job. The offer included an arb...
19A victim of embezzlement threatened the embezzler’s spouse that it would prosecute the embezzler unless the spouse agreed to repay the stolen funds...
20In what situation may a party avoid a contract on the ground of duress exerted on that party by a person who is a non-party to the contract?
21Under what circumstances may a party avoid a contract based upon undue influence?
22A lawyer represented a builder in many transactions. The lawyer wished to remodel her home and decided to use the builder as the contractor. The pa...
23May a party to a contract avoid the contract on the ground of undue influence if a non-party’s undue influence induced the party to assent to the c...
24For purposes of contract law, what is a mistake?
25In what three circumstances will a party to a contract be found to bear the risk of a mistake?
26Under what circumstances will a mistake by one party to a contract excuse the mistaken party’s performance?
27If a contract is made under a mutual mistake of both parties, in what circumstances may the adversely affected party disaffirm the contract?
28A seller sold an old painting for a few dollars at a garage sale. Neither the buyer nor the seller was aware at the time of the sale that the paint...
29If both parties to a contract are mutually mistaken as to the meaning of a contract term, may a court rewrite the contract to conform to the partie...
30If both parties to a contract are mistaken as to the meaning of a contract term, and each party ascribes a different mistaken meaning to the term, ...
31A seller offered to sell a buyer a plot of land described in the offer as “lot 3801.” The seller took the lot number from the title deed to the pro...
32Does the mistake doctrine protect a party from an incorrect prediction of the future value of the subject of the contract?
33Is a mistaken party barred from avoiding a contract under the mistake doctrine if that party’s own carelessness caused the mistake?
34Can a mutual mistake about the law governing the contracting parties constitute a mistake of fact?
35A buyer bought a tract of land from a seller for the purpose of developing a residential subdivision. Neither party was aware of a state law that p...
36What is a misrepresentation?
37Under what circumstances can a party avoid her contractual obligations due to an untrue assertion or misrepresentation?
38Under what circumstances is an untrue assertion or misrepresentation material?
39What must a plaintiff show to establish that an untrue assertion or misrepresentation is fraudulent?
40An employee had no education beyond high school. In a job application form, the employee falsely claimed to have both a bachelor’s and a master’s d...
41The attic of a seller’s house was infested with bats. The seller had tried for years to get rid of the bats, but they always came back. The seller ...
42In what circumstances does a party have a duty to disclose a known fact, such that nondisclosure of that fact would constitute a material misrepres...
43May a party justifiably rely upon another’s statement of opinion, if that opinion can reasonably be interpreted as an assertion of underlying facts?
44Can a dishonest opinion constitute a fraudulent misrepresentation?
45Under what circumstances can a party justifiably rely upon another’s statement of pure opinion that cannot reasonably be interpreted as an assertio...
46Can changed circumstances ever prevent a deceived party from avoiding his contractual obligations due to a material or fraudulent misrepresentation?
47If a party is induced to enter a contract due to a fraudulent misrepresentation about the contents or effect of the parties’ written agreement, und...
48Can an untrue assertion or misrepresentation ever prevent a contract from forming in the first place?
49Will a party’s negligent failure or other fault in discovering a misrepresentation always prevent that party from avoiding his contractual duties?
50Under what circumstances can a party assert a defense of illegality or public policy against enforcing a contract?
51May a party ever recover upon an illegal contract?
52A seller entered into an agreement of sale with a buyer, under which the seller sold the buyer a ticket to a very popular sold-out concert. The agr...
53Do courts usually uphold an adult party’s contractual waiver of rights to sue for negligence in relation to a recreation activity against a defense...
54A skydiving school asked its adult customers to sign a contract before skydiving with an instructor. The contract contained a conspicuous and unamb...
55What makes a contract procedurally unconscionable?
56What makes a contract substantively unconscionable?
57Under what circumstances may a party assert the defense of unconscionability?
58Is the question of whether a contract is unconscionable a question of law for the court to decide?
59What factors will a court consider in determining whether a contract of adhesion is unconscionable?
60As a condition of being hired, an employee had to sign an arbitration agreement drafted by the employer. The agreement was short, clear, and presen...
61What is a statute of frauds?
62Must a written agreement be signed by both parties to satisfy the statute of frauds?
63Must a writing be in a single paper to satisfy the statute of frauds?
64What information must a signed writing contain to satisfy the statute of frauds?
65Which six classes of contracts fall within the statute of frauds?
66Is an agreement involving solely the exchange of mutual promises to marry subject to the statute of frauds?
67On June 25, a woman and an employer entered into a one-year employment contract with a specified starting date of July 1.Is the contract between th...
68Will a court always deny relief to a party under a contract that requires longer than a year to perform if the contract is not contained in a writi...
69Do many states provide a statutory exception from the statute of frauds for short-term leases and mortgages of less than one year?
70A seller sent a buyer an email offering to sell the buyer a house. The seller’s email set out all the terms of the offer in great detail. The buyer...
71Under what circumstances would a court enforce a contract transferring an interest in land if the contract does not comply with the statute of frauds?
72Does a written and signed contract for the sale of goods for a price of $500 or more satisfy the statute of frauds if the contract omits the quanti...
73What factors do courts use in evaluating whether a contract involving both goods and services is subject to the statute of frauds?
74A man entered into an oral agreement with an auto mechanic for the repair of man’s car for $2,000. The parties agreed that the repair would be comp...
75Is a signed writing required for a contract for the sale of specially manufactured goods of $500 or more?
76Is a signed writing required for a contract for the sale of goods for $500 or more if the party against whom enforcement is sought admits there was...
77Is a signed writing required for a contract for the sale of goods for $500 or more if there has been part performance?
78Under what circumstances will a court enforce a contract for the sale of goods for $500 or more if the contract does not comply with the statute of...
79Under what circumstances will a suretyship contract fall within the statute of frauds?
80May a party use promissory estoppel to enforce an oral promise that is unenforceable due to the statute of frauds?
81If both parties to a contract unknowingly commit an error of expression, and the written contract does not conform to their mutually agreed-upon ex...
82What are the elements of the contractual defense of mutual mistake?
83What two types of misrepresentations during the formation of a contract can make the contract voidable?
84The statute of frauds applies to which six classes of contracts?
85If a contract is governed by the Uniform Commercial Code (UCC) and subject to the statute of frauds, is the contract enforceable beyond the written...
86What are the five exceptions to the statute of frauds?
All flashcards
86 cards