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Exam 11: Capacity and Legality

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Question 31

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A(n) ________ contract is one requiring complete performance by both parties,even if it appears as if the contract contains multiple parts.

A) adhesion
B) divisible
C) in pari delicto
D) indivisible
E) independent

F) D) and E)
G) A) and E)

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Question 32

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Which of the following is an incorrect statement regarding contracts for necessaries entered into by minors?

A) A minor cannot disaffirm contracts for necessaries.
B) A minor can disaffirm a contract for necessaries,but the minor will still be held liable for the reasonable value of the necessary.
C) A contract for a necessary is a contract that supplies the minor with the basic necessities of life.
D) The purpose of the limitation on the minor's right to disaffirm contracts for necessaries is to ensure that minors are able to obtain the basic necessities of life when their parents will not provide them.
E) Whether something is considered a necessary is related to whether the minor's parents are willing to provide the item in question for the minor.

F) A) and E)
G) None of the above

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Question 33

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Which of the following are the two main purposes of professional licensing statutes?

Useless Friend.Charles,who is very gullible,is friends with Bobby.Bobby,who cannot be trusted,decides to try to bind Charles to a contract in Bobby's favor.Bobby has Charles sign a contract promising to wash Bobby's car once a week for a month for $80.The contract incorporated by reference terms on the back.The terms on the back were in very small print and required Charles for one year to cook dinner for Bobby,do his laundry,and clean his apartment.Bobby is also very angry with his former girlfriend,Tessa,and decides to start rumors that would constitute the tort of defamation,such as that she has a vile disease,cheated on tests,and stole from friends.Bobby wants to enlist the help of Charles but knows that Charles would be hesitant to assist in his endeavors.One evening,however,Charles drank too much beer and was clearly intoxicated - a fact apparent to Bobby.Bobby had him sign a contract agreeing to defame Tessa for $50.When he sobers up,Charles tells Bobby that he was drunk and that he has no intention of defaming Tessa,who also happens to be Charles's new girlfriend.He also finally takes a look at the contract involving work for Bobby and tells Bobby that the contract is outrageous and that he has no intentions of going through with any of it.Which of the following is true regarding Charles's claim that he had no obligation to defame Tessa?

Which of the following is true regarding the obligation of a minor on disaffirmance?

In most states,a minor is someone under the age of ________.

A party who claims that he or she could not understand contractual terms because of tiny,hard-to-read print on the back of an agreement and the excessive use of legalese is referring to which of the following?

Ratification of a contract may be either express or implied.

If a person's mental deficiencies have resulted in his being adjudicated insane and a guardian has been appointed for him,any contract he enters into is voidable at his election.

In order to have legal capacity to contract,a person must have at least a high school education.

Once a person reaches the age of majority,he or she may no longer ratify contracts made as a minor.

A(n) ________ contract contains multiple parts that can each be performed separately.

A contract that supplies the minor with the basic needs such as food,clothing,and shelter is called ________.

Cheap Motorcycle.Tony,a hateful,disgruntled business law professor,notices that Peter,a student who is past the age of majority,has bought a new motorcycle.Peter has struggled through school,is in his last semester,and needs to pass business law in order to graduate.Tony tells Peter that he would like to see Peter pass,and in the next sentence,Tony says that he wants to buy the motorcycle for $100,a price far below the value of the motorcycle.Peter asks if Tony is serious about the price,and Tony replies,"I have the power here!" Tony proceeds to draw up a contract for the sale of the motorcycle for $100 with lots of fine print by which he can sue Peter and recover any maintenance costs for the next five years.Seeing that he is at an advantage,Tony also throws into the deal that Peter will mow Tony's one-acre yard for $5 all summer long.After Tony tells Peter to either take the contract or leave it,Tony reluctantly signs.Which of the following is true regarding the yard mowing agreement?

A written agreement for the sale of illegal subject matter is void under contract law.

A(n) ________ occurs when a former minor does not specifically state that he affirms a contract entered into as a minor,but takes some action that is consistent with an intent to ratify the contract.

In pari delicto means "comparable taste."

How many states regulate professional licenses?

Disaffirmance by a minor must occur by his or her twenty-first birthday.

In most states,parents are liable for the torts of their minor children.