Flashcards in Legality Deck (40):
True/False: An agreement may violate public policy even if the agreement does not require a party to commit a crime, tort, or violate a statute.
True/False: If a court finds as a matter of law that a clause of Superior Siding’s contract was unconscionable at the time the contract was made, the court must refuse to enforce the contract.
True/False: In many states it is illegal to lend money to help someone gamble.
True/False: If a contract is made with a person required by law to hold a license, and the purpose of the license is protection of the public, the contract made by an unlicensed person will generally be unenforceable.
True/False: To raise revenues, the City of St. Cloud required restaurants to purchase a special permit if they wanted to serve food in an open-air patio. While at Hola Taco, a restaurant in St. Cloud, a customer notices that Hola Taco's permit expired. Because Hola's Taco's permit expired, the customer is not legally required to pay for her food.
True/False: Rudolph overhears Macy's plans to go skydiving over spring break. Not really knowing Macy, but figuring it's worth a chance, Rudolph rushes out and buys an insurance policy for $100,000 on Macy's life. Macy does in fact meet her demise jumping out of the airplane. Rudolph can collect the $100,000.
True/False: Roger parked his car at a garage that has a large sign at the entrance saying, "This garage is not liable for items stolen from a car." This type of notice is referred to as an exculpatory clause.
True/False: Morality plays no part of gambling contract legality.
True/False: L & M loaned Joan $400 so that she could buy her textbooks for the current semester. L & M's terms for repayment of the loan are, $200 in two months, $200 in four months, and another $100 at the end of the fifth month. The legal rate of interest on this type of loan is six percent per annum. L & M's loan is usurious.
True/False: When Randy accepted a job with Buren Construction, Randy signed the following agreement, "Upon termination of my employment with Buren Construction, I agree never to work for another employer as an electrician." If Randy resigns from Buren Construction, this agreement would be upheld under the theory of freedom of contract.
True/False: A gambling contract is legal unless it is specifically prohibited by state statute.
True/False: Barbara, a skilled welder, was hired at Mainco Enterprises for a welding position. Steve, a recent graduate with few job skills, was also hired and was expected to develop general skills on the job. Both were asked to sign noncompete clauses limiting future employment if they left Mainco. A court would be very likely to enforce the noncompete clauses unless the time or geographic restriction is unreasonable.
True/False: Cynthia and Brian were friends. Brian was a dare devil. Because of his antics, Cynthia thought that Brian wasn't long for this life. Cynthia purchased a life insurance policy on Brian's life. Subsequently, Brian was killed in a car accident. Since Cynthia and Brian were friends, Cynthia had an insurable interest in his life and will be entitled to the insurance proceeds.
True/False: John did not have a license to practice medicine in Florida. Nevertheless, when he retired to Florida, he started providing medical services to the people in his condo. Isaac, John's next-door neighbor, owed John $2000 for medical services. John will not be able to enforce the contract he made with Isaac.
True/False: To be valid, an agreement not to compete must be ancillary to a legitimate bargain.
Virginia borrowed money from G & L Lending at 35% interest per year. The state maximum interest rate is 20% per year. Virginia defaulted on the loan. What amount can G& L collect from Virginia?
ALL OF THE ABOVE MAY BE CORRECT. THE ANSWER DEPENDS ON THE PARTICULAR STATE LAW
E-mation, Inc hires Marvin to steal trade secrets from one of its competitors for $10,000. Marvin demands half of the money up front. E-mation pays Marvin $5000 but Marvin decides not to pursue theft of the trade secrets. E-mation sues Marvin for the return of the $5000. What will the court do with this contract?
THE COURT WILL NOT DO ANYTHING TO HELP E-MATION GET ITS MONEY BACK
Which of the following exculpatory clauses will most likely be enforceable?
AN EXCULPATORY CLAUSE THAT RELIEVES A RIDING STABLE OF NEGLIGENCE
E-mation entered into a contract with a consumer, Ezra. Ezra was a recent immigrant to the United States, spoke very little English, and had no formal education. The contract provided for Ezra to pay $2500 for a computer system. The system was worth $400. If E-mation sued Ezra under the contract, what is the most likely result?
THE CONTRACT IS UNENFORCEABLE B/C IT IS UNCONSCIONABLE
Mark works as a bartender at The Little Nipper, a local bar. Under state law, bartenders are required to be licensed. The licensing requires filling out an application and submitting a $50 application fee. The application does not require any special education or experience, just the $50 fee. Craig enters Mark's bar, orders a round of drinks for the house, then notices that Mark's license is not on display behind the bar. Craig learns that Mark is not licensed and refuses to pay for the round of drinks. The Little Nipper sues. What result?
SINCE THIS IS A REVENUE-RAISING STATUTE, THE LITTLE NIPPER WINS
Barb has been a children's day care provider for several years in the small town of Sallton. She has decided to give it all up and move to the big city for excitement and adventure. She sells her business to Ken, agreeing not to open a competing business within five miles of Sallton for a period of nine months. After five months of the big city life, Barb is broke and moves back to Sallton. She opens a small day care business. Ken sues on the noncompete clause. What is the most likely result?
KEN WINS. THE AGREEMENT IS ENFORCEABLE
In the case of Worldwide Insurance v. Klopp, the Supreme Court of Delaware found that:
A CONTRACT PROVISION REQUIRING ARBITRATION AND THEN PERMITTING APPEAL BY EITHER PARTY WAS VOID AS UNCONSCIONABLE
Which of the following is an example of an exculpatory clause?
SELLER IS NOT RESPONSIBLE FOR PROPERTY DAMAGE REGARDLESS OF THE CAUSE OF THE INJURY
Larry has the largest pizza business in the city. He learns that Henry is thinking of opening a competing pizza and pasta delivery business. Larry gives Henry $25,000 to not open his proposed business in the same city. Which statement is correct?
THE CONTRACT IS ILLEGAL AND VOID
The UCC deals with unconscionability in a contract by providing that a court may:
ALL OF THE ABOVE
A contract most likely will be declared unconscionable if:
IT IS OPPRESSIVE AND THE WEAKER PARTY DID NOT FULLY UNDERSTAND
Which of the following relationships will ordinarily not create an insurable interest?
DOCTOR AND PATIENT
An insurance contract is not considered to be a legalized form of gambling because:
ONE MUST HAVE AN INSURABLE INTEREST IN THE PERSON BEING INSURED
Suppose that Lenny Lawyer enters into an agreement with Cindy Client that his fees will be a percentage of the recovery Lenny obtains for Cindy in her pending divorce. State law makes such a contingency fee arrangement illegal in divorce actions. What will be the probable outcome if Lenny attempts to enforce the agreement?
THE CONTRACT WILL BE VOID AS VIOLATING A STATUTE. LENNY WILL NOT BE ABLE TO RECOVER ANYTHING
When Mohammed was hired by Pomico, Inc., he signed the following agreement, "Upon termination of my employment with Pomico, I agree not to work for a competing company within 30 miles of Pomico's headquarters for one year." This agreement, important to protecting secret information developed in the employer's business, is:
AN ENFORCEABLE AGREEMENT NOT TO COMPETE
AAA and XXX companies are both major international conglomerates. They are negotiating a contract whereby AAA will install a computer system for XXX. One clause in the contract states that AAA will not be liable for damages caused by the negligent installation of the computer system, except that AAA warrants the system and will fix any problem for a period of two years following installation. AAA completes the installation of the computer system. XXX loads extensive amounts of information on the system, but all of it is destroyed because AAA negligently installed the memory chips. AAA fixes the memory, but XXX incurred significant expenses in recreating the lost information. XXX sues for these expenses. AAA defends with the noted clause in the contract.
AAA WINS; THIS EXCULPATORY CLAUSE IS ENFORCEABLE
Mike owns a house in a poor area of a large city. Mike is on disability and his total monthly income is $700. A sales representative visits his home, selling a water purification system. Mike buys and signs a contract that calls for monthly payments of $500 for the next 10 years. The water system is worth no more than $1000. Mike did not understand what he was signing and thought it was a permission slip allowing the salesman to conduct a free water test to determine the number of toxins in the water. How would a court most likely describe this contract?
THE CONTRACT IS UNENFORCEABLE BECAUSE IT IS UNCONSCIONABLE
Eintz Corp. hired Jose to bribe a foreign government official. Eintz gave Jose $10,000 in cash to make the bribe payment and $2000 for Jose's efforts. Instead of paying the bribe, Jose pocketed all of the money. If Eintz sues Jose, Eintz will:
NOT BE ABLE TO RECOVER THE 12000
In bailment cases, exculpatory clauses:
ARE SOMEWHAT MORE LIKELY TO BE ENFORCED THAN IN OTHER TYPES OF CASES
Judith is a CPA with an excellent reputation and client base. She sells her tax preparation business to Shawn, and the sales contract includes a noncompete clause restricting Judith from opening a similar business for two years within a 10-mile radius of her former office. If she opens a tax preparation office five miles away after one year, a court would probably:
GRANT AN INJUNCTION BARRING HER FROM OPERATING THE NEW OFFICE
An exculpatory clause is generally unenforceable when:
IT INVOLVES PUBLIC TRANSPORTATION
Public policy means the law that comes from the:
COURTS THAT DECIDE WHAT WOULD HAVE A NEG. IMPACT ON SOCIETY
To be valid, a noncompete clause must be:
ALL OF THE ABOVE
The Tavern's secret recipe for its pizza sauce would be considered:
A TRADE SECRET, AND AN EMPLOYMENT NONCOMPETE CLAUSE WOULD BE ENFORCEABLE TO PROTECT IT