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1Is incapacity a defense to the enforceability of a contract?
Is 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?
What are the three ways in which a party lacks the capacity to enter into a contract?3Is a minor’s contract voidable?
Is a minor’s contract voidable?4What is the one fact a minor must prove in order to disaffirm a contract?
What 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?
When 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?
May 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...
A 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 sustained in using the gym. The minor used the gym a few times a week. A year later, the minor was injured by faulty gym equipment. The minor enjoyed the gym and continued using it after recovering from the injury. However, the minor disaffirmed the release of liability and claimed damages for the injury from the gym. The minor had not reached the age of majority at the time of disaffirmance. Was the minor’s disaffirmance effective?8Do minors have the capacity to contract for necessities like food?
Do minors have the capacity to contract for necessities like food?9May a married minor always avoid a contract due to incapacity?
May 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?
Is 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?
What 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...
May 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 capacity?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?
May 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?
Under 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?
What 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?
What 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?
Will 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...
A 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 arbitration agreement that waived the parties’ rights to sue and compelled them to arbitrate any dispute arising out of the contract. The man protested the arbitration provision, but the employer made it clear that the job offer was dependent on the agreement to arbitrate. Desperate for the job, the man reluctantly signed the arbitration agreement. One month later, the employer fired the man. The man sued the employer, alleging unlawful discrimination. The employer moved to dismiss the suit and compel arbitration. Can the man avoid the arbitration provision on grounds of duress?19A victim of embezzlement threatened the embezzler’s spouse that it would prosecute the embezzler unless the spouse agreed to repay the stolen funds...
A victim of embezzlement threatened the embezzler’s spouse that it would prosecute the embezzler unless the spouse agreed to repay the stolen funds. The spouse agreed to repay the money to save her spouse from prosecution. Can the embezzler’s spouse avoid the agreement on the grounds of duress?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?
In 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?
Under 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...
A lawyer represented a builder in many transactions. The lawyer wished to remodel her home and decided to use the builder as the contractor. The parties entered into a contract, drafted by the lawyer, which contained a provision that no orders for additional work would be binding on the lawyer unless in writing and signed by the lawyer. During the course of construction, the lawyer made several oral requests for additional work. The builder complied with these oral requests, which added to the cost of the project. At the end of the project, the builder billed the lawyer for the additional work, but the lawyer refused to pay because the work was not authorized by written, signed orders as required by the contract. Does the builder have a basis for avoiding this term on grounds of undue influence?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...
May 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 contract?24For purposes of contract law, what is a mistake?
For 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?
In 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?
Under 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?
If 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...
A 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 painting was actually a valuable masterpiece, but the seller learned of the painting’s true worth a short time after the garage sale. May the seller avoid the sale on grounds of mistake?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...
If 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 parties’ common understanding?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, ...
If 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, can a court use reformation as a remedy?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...
A 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 property. Neither party knew that there had been a clerical error in the deeds registry, which caused a mix-up of lot numbers in the public records. As a result, another of the seller’s properties, lot 3802, had been filed in the records as lot 3801. The buyer searched the deed registry after receiving the offer and was given the wrong information about lot 3801. There was nothing in the records to alert the buyer that the information was wrong. The buyer accepted the seller’s offer. The parties then discovered that the seller had intended to sell a different property from that which the buyer intended to buy. Is the buyer entitled to force the seller to sell the property the buyer intended to buy?32Does the mistake doctrine protect a party from an incorrect prediction of the future value of the subject of the contract?
Does 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?
Is 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?
Can 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...
A 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 preserved the land for agriculture and prohibited its subdivision into residential lots. Can this error as to the law constitute a mistake of fact for the purposes of mistake doctrine?36What is a misrepresentation?
What is a misrepresentation?37Under what circumstances can a party avoid her contractual obligations due to an untrue assertion or misrepresentation?
Under 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?
Under what circumstances is an untrue assertion or misrepresentation material?39What must a plaintiff show to establish that an untrue assertion or misrepresentation is fraudulent?
What 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...
An 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 degree in engineering. Those qualifications were required for the job. After reading the application form and interviewing the employee, the employer hired the employee. The employer discovered later that the employee does not have the claimed academic qualifications.Does the employer have grounds to avoid the contract?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 ...
The 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 placed the house on the market. Every time a prospective buyer was due to visit the house, the seller made sure to chase the bats away temporarily and to remove bat droppings and all other signs of their presence. The eventual buyer decided to buy the house after visiting and seeing no signs of any bats. The infestation became apparent only after the buyer moved into the house. Did the seller make a fraudulent misrepresentation by hiding the bat infestation?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...
In what circumstances does a party have a duty to disclose a known fact, such that nondisclosure of that fact would constitute a material misrepresentation or fraud?43May a party justifiably rely upon another’s statement of opinion, if that opinion can reasonably be interpreted as an assertion of underlying facts?
May 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?
Can 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...
Under what circumstances can a party justifiably rely upon another’s statement of pure opinion that cannot reasonably be interpreted as an assertion of underlying facts?46Can changed circumstances ever prevent a deceived party from avoiding his contractual obligations due to a material or fraudulent misrepresentation?
Can 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...
If a party is induced to enter a contract due to a fraudulent misrepresentation about the contents or effect of the parties’ written agreement, under what circumstances may a court reform the writing?48Can an untrue assertion or misrepresentation ever prevent a contract from forming in the first place?
Can 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?
Will 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?
Under 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?
May 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...
A 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 agreed price of the ticket was double its face value. The sale violated a statute intended to prevent ticket scalping. The statute made it a misdemeanor, punishable by a fine, for the holder of a ticket to a performance or sporting event to resell the ticket at a price in excess of the ticket’s face value. Both parties knew that the sale violated the statute. The seller delivered the ticket to the buyer, who attended the concert but then refused to pay the seller for the ticket, claiming that the agreement was illegal.Does the illegality of the contract excuse the buyer from paying for the ticket?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...
Do courts usually uphold an adult party’s contractual waiver of rights to sue for negligence in relation to a recreation activity against a defense that the waiver is contrary to public policy?54A skydiving school asked its adult customers to sign a contract before skydiving with an instructor. The contract contained a conspicuous and unamb...
A skydiving school asked its adult customers to sign a contract before skydiving with an instructor. The contract contained a conspicuous and unambiguous provision stating that customers cannot sue the school or its instructors for negligent injury. Nevertheless, after a student was injured, she decided to sue the skydiving school for her injuries. The student argued that the liability waiver was not enforceable, because it was unconscionable and against public policy.Is the liability waiver enforceable?55What makes a contract procedurally unconscionable?
What makes a contract procedurally unconscionable?56What makes a contract substantively unconscionable?
What makes a contract substantively unconscionable?57Under what circumstances may a party assert the defense of unconscionability?
Under 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?
Is 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?
What 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...
As a condition of being hired, an employee had to sign an arbitration agreement drafted by the employer. The agreement was short, clear, and presented to the employee with the explanation that the agreement waived the parties’ right to sue and compelled them to arbitrate any dispute arising out of the contract. It prescribed a straightforward arbitration process by a neutral arbitrator. The employee signed the agreement and was hired. The employee later sued the employer for unlawful discrimination. The employer sought to dismiss the suit on the ground that the employee had agreed to arbitrate. The employee countered that the arbitration provision was unenforceable because it was unconscionable.Is the employee’s argument likely to succeed?61What is a statute of frauds?
What is a statute of frauds?62Must a written agreement be signed by both parties to satisfy the statute of frauds?
Must 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?
Must 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?
What information must a signed writing contain to satisfy the statute of frauds?65Which six classes of contracts fall within the statute of frauds?
Which 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?
Is 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...
On 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 the woman and the employer subject to the statute of frauds?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...
Will 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 writing signed by the party to be charged?69Do many states provide a statutory exception from the statute of frauds for short-term leases and mortgages of less than one year?
Do 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...
A 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 responded to the seller immediately by sending a message from the buyer’s email account. The subject line of the email contained the words: “I accept your offer.” The buyer wrote nothing in the body of the email..Does the exchange of emails satisfy the statute of frauds?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?
Under 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...
Does 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 quantity of goods sold?73What factors do courts use in evaluating whether a contract involving both goods and services is subject to the statute of frauds?
What 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...
A 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 completed in three days and that the man would pay for it on completion. At the time of the agreement, the mechanic gave the man an invoice that listed all the parts and labor to be supplied. It showed a total charge of $2,000, made up of $525 for parts and $1475 for the labor. Neither party signed the invoice. Is this transaction subject to the statute of frauds?75Is a signed writing required for a contract for the sale of specially manufactured goods of $500 or more?
Is 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...
Is 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 a contract?77Is a signed writing required for a contract for the sale of goods for $500 or more if there has been part performance?
Is 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...
Under 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 frauds?79Under what circumstances will a suretyship contract fall within the statute of frauds?
Under 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?
May 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...
If both parties to a contract unknowingly commit an error of expression, and the written contract does not conform to their mutually agreed-upon exchange, may a court reform the contract even if it is subject to the statute of frauds?82What are the elements of the contractual defense of mutual mistake?
What 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?
What 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?
The 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...
If a contract is governed by the Uniform Commercial Code (UCC) and subject to the statute of frauds, is the contract enforceable beyond the written quantity of goods?86What are the five exceptions to the statute of frauds?
What are the five exceptions to the statute of frauds?