Case Rules Pgs 1-39 Flashcards Preview

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Flashcards in Case Rules Pgs 1-39 Deck (8)
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0
Q

If you make a contract with an insane person under good faith, in full consideration, and you execute it without knowledge of the insanity, and a prudent person in your situation would believe they were capable, what is the result?

A

The contract will be sustained

1
Q

If a consumer clicks on the download button that signifies assent to terms, but doesn’t show a contractual provision, and the consumer is unaware of the document’s contractual nature, what result?

A

Regardless of his apparent manifestation of consent, he is not bound by inconspicuous contractual provisions

2
Q

If a debt is unliquidated, then the tender of a certain sum, followed by acceptance and retention of the sum amounts to what?

A

An accord and satisfaction

3
Q

If an amount is liquidated, then a tender and acceptance amount to what?

A

No accord or satisfaction

4
Q

Do modifications under the UCC require consideration?

A

No, only good faith

5
Q

What is coercive conduct evidence of?

A

A modification sought in bad faith

6
Q

How to reductions in output/requirements contracts that are unreasonably disproportionate to the stated estimate work?

A

Good faith reductions can be highly disproportionate to stated estimates. The seller assumes the risk of all good-faith variations in the buyer’s requirements even to discontinue business

7
Q

What is the consideration in a noncompete agreement?

A

The employers forbearance from terminating the at will employment relationship