Defenses

Question 1

contract with minor

Answer 1

voidable, which means they can disaffirm

Question 2

Exception to k with minor

Answer 2

if an infant enters into a k for a necessity even if they disaffirm the k, the infant would be required to pay the fair value of the benefit conferred

Question 3

examples of necessity

Answer 3

food, clothing, shelter, medicine

Question 4

VA does not recognize unilateral mistake

Question 5

unconscionability

Answer 5

unconscionable term or k is unenforceable

Question 6

what is unconscionable

Answer 6

NO MAN IN HIS SENSES WOULD MAKE THE K

Question 7

it must be gross unfairness

Answer 7

gross unfairness

Question 8

procedural unconscionability

Answer 8

process reaching it is unfair

Question 9

in procedural look for

Answer 9

deception, hidden terms, unequal bargaining positions

Question 10

susbtantive unconscionability

Answer 10

term is unfair

Question 11

you should

Answer 11

look for both

Question 12

pre-injury release of liability

Answer 12

is void

Question 13

indemnity to determine allocation

Answer 13

is not void

Question 14

non-compete

Answer 14

only enforceable if narrowly drafted and does not conflict with public policy

Question 15

factors for noncompete

Answer 15

necessity- is it greater than necessary
impact- does it unduly restrict the employer’s ability to make a living
public policy- shortage of skill of employees

Question 16

VA SOF

Answer 16

same as mbe but also brokerage, promise to pay debt during infancy, loans 25k or more, generous executor (they will pay estate debts)

Question 17

VA part performance established by

Answer 17

parol agreement is certain and definite, acts are connected to that agreement, and refusal would be fraud