WEEK 9

Question 1

Define quantum meruit

Answer 1

If there was no agreement on price but the doer of the task is not doing it for free, the person can be entitled to be paid FAIR VALUE of the goods/services

Question 2

Define gratuitous promise

Answer 2

A promise made without consideration so the it is not legally binding

Question 3

When is consideration not needed?

Answer 3

1. Existing contractual relationship and someone made a promise that is reasonably relied on
   
   • Injurious reliance is when the promisee
     can recover damages for a promise not
     made (only as a shield)
2. Contracts signed under seal (already intended to be binding)
3. Charitable pledges (If pledgee suffers costs, it is binding unless it is a general pledge )

Question 4

When are contracts enforceable against a minor?

Answer 4

• Necessities
• Ratification upon reaching age of majority
• Statute binds the minor to the contract

Question 5

What if a minor has a contract that is continuous in nature?

Answer 5

Minor must cancel the contract upon reaching age of majority or else it will be assumed that it was ratified

Question 6

What are the terms to void a contract due to intoxication?

Answer 6

1. Proof of intoxication
2. Other party was aware of intoxication

Question 7

What are the kinds of unenforceable illegal contracts?

Answer 7

1. Inducement of breach of contract
2. Contrary to public policy
3. Restraint of trade
4. Non-competition clause
5. Confidentiality clause
   (If it can be severed, then the courts will try to do so if it still holds the major terms of the contract)