Chapter 13 Flashcards
Which of the following is true regarding the test of contractual incapacity?
Multiple Choice
The test usually applied in contract law is whether a party, at the time the case is litigated, had sufficient mental capacity to understand the nature and effect of the contract.
A person could be medically insane but still have the legal capacity to contract.
A person who is senile cannot enter into a binding agreement.
A person with less-than-ordinary intelligence cannot enter into a binding agreement.
A person could be medically insane but still have the legal capacity to contract.
A person lacking mental capacity when a contract was entered into may ratify a contract if the person regains their capacity.
true or false
true
Which of the following is true regarding minors and necessaries?
Multiple Choice
Items sold to a minor are considered necessaries of life even if the minor’s parent or guardian has supplied or is willing to supply similar items.
A car is not considered a necessary for a minor.
Whether a given item is considered a necessary depends on the facts of the particular case.
As a general rule, the definition of necessary is narrowing to exclude things commonly considered important by today’s standards.
Whether a given item is considered a necessary depends on the facts of the particular case.
In many states, intoxicated persons are treated like people who lack mental capacity:
Multiple Choice
Only if they were so intoxicated that they were unable to understand the nature of the business at hand when they entered into the agreement.
Whenever they cannot pass a field sobriety test.
When were so drunk as to be considered less-than-ordinary-intelligence.
Only when they have an official diagnosis of “alcoholic.”
Only if they were so intoxicated that they were unable to understand the nature of the business at hand when they entered into the agreement.
Jack, a minor, purchased a video game at the Game Place, which has a sign posted above the cash register stating “NO RETURNS OR EXCHANGES.” After opening the game and trying it out, Jack decided he wanted to return the game. Which of the following is a true statement?
Multiple Choice
Jack may return the game and receive a full refund.
Because he opened the game, Jack cannot return the game to the store.
Because video games are now considered a necessary, Jack cannot return the game to the store.
Because the sign clearly stated no returns, Jack cannot return the game to the store.
Jack may return the game and receive a full refund.
The ability of a person to do a legally valid act is referred to as:
Multiple Choice
Assent
Ratification
Capacity
Consideration
Capacity
Minors must pay the reasonable value of:
Multiple Choice
Shelter, music lessons, cell phones, and driving classes.
Shelter and music lessons, but not cell phones or driving classes.
Shelter but not music lessons, cell phones, or driving classes.
Shelter, music lessons, and driving lessons, but not cell phones.
Shelter but not music lessons, cell phones, or driving classes.
Contracts made by minors are voidable.
true or false
true
Andrea Sanchez has fallen hopelessly in love with Enrique Salazar. Both are seventeen years old. The two are married in Paducah, Kentucky, their hometown. All four of their parents attend the wedding and are very supportive of their children’s decision to wed. Upon marriage, both Andrea and Enrique are said to be __________ from their respective parents.
Multiple Choice
renounced
emancipated
immune
excommunicated
emancipated
In a contract involving a minor, whether an item can be considered a necessary:
Multiple Choice
does not depend on the minor’s age.
does not depend on the facts of the particular case.
depends on whether the adult who contracted with the minor chooses to disaffirm the contract.
depends on the minor’s station in life.
depends on the minor’s station in life.
A person of less-than-ordinary intelligence does not have the legal capacity to contract.
true or false
false
A contract will be void under the law in most states where a party was adjudicated mentally incompetent before they entered into the contract.
true or false
true
The termination of a parent’s right to receive services and wages from a child and to generally control him or her is referred to as:
Multiple Choice
Ratification
Emancipation
Disaffirmance
Adoption
Emancipation
Minors are generally held liable on a(n) __________ contract basis for the __________ value of necessaries furnished to them.
Multiple Choice
implied; fair market
express; contract
quasi; reasonable
executory; resale
quasi; reasonable
Which of the following was the result in Wethington v. Swainson, the case in the text involving a minor injured during skydiving lessons and the attempted disaffirmance of a release of liability in favor of the provider signed by the minor and the minor’s parents?
Multiple Choice
That the minor could disaffirm only if she could prove that the defendant failed to sufficiently set forth the prospective dangers and that, otherwise, the minor’s signature and that of the parents was effective.
That because the parents also signed the release regarding prospective dangers, it could not be disaffirmed by the minor.
That because a known and ultrahazardous activity was involved, the release could not be disaffirmed.
That parents of a minor may not release a minor’s prospective claims for negligence, and that the minor could disaffirm.
That parents of a minor may not release a minor’s prospective claims for negligence, and that the minor could disaffirm.
