defenses Flashcards by Nate Gilmore | Brainscape

Q

VA infancy

A

voidable by the minor

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Q

VA infancy exception

A

k for necessity

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Q

examples of necessities

A

food, clothing, RX

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Q

VA necessity elements

A

is the thing a necessity

were the things supplied necessary here?

was it actually necessary

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Q

mutual mistake

A

both parties mistaken to essential element of k

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Q

VA unilateral mistake

A

does not follow

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Q

when does unilateral mistake become valid in VA?

A

unilateral mistake + fraud

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Q

unconscionability

A

no man in his senses would make

no fair man would accept

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Q

two types of unconscionability

A

procedural and substantive

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Q

procedural

A

process of reaching agreement unfair

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Q

substantive

A

the term itself is unfair

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Q

VA exculpatory clauses

A

pre-injury release from liability

UNENFORCEABLE

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Q

VA indemnity clauses

A

determines how losses are distributed

enforceable

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Q

VA noncompete elements

A

greater than necessary to protect legit BA interest

unduly restraint on employee ability to earn living

does it conflict w/ public policy?

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