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Intoxicated, Clio agrees to sell her restaurant, Diners Café, to Evan for half of its real market value. This deal is most likely void if


A) Clio appeared intoxicated to Evan.
B) Clio disaffirms the contract after becoming sober.
C) Clio was so intoxicated as to have no memory of the deal.
D) Evan fraudulently induced Clio to become intoxicated.

E) None of the above
F) C) and D)

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A covenant not to compete is never enforceable.

A) True
B) False

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A severable contract is unenforceable as a violation of public policy.

A) True
B) False

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Don enters into a contract with Edie, who does not have contractual ca?pacity. The law will permit Don to enforce the contract only if Edie


A) elects not to avoid the contract.
B) is a minor.
C) is a minor, intoxicated, or mentally incompetent.
D) is intoxicated or men?tally incompetent.

E) B) and C)
F) A) and D)

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Olga, a minor, signs a contract to buy a computer from Phil, the owner of Quality Computer Store. Olga's right to disaffirm the contract


A) does not change the fact that Phil is bound by the contract.
B) does not yet exist because Olga is still a minor.
C) gives Phil, an adult, the right to disaffirm the contract.
D) is not valid because a computer is a "necessary."

E) None of the above
F) A) and B)

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Nina, a seventeen-year-old, signs a contract to sell her car to OK Used Cars. Nina receives a better offer the next day from Perfect Pre-owned Cars, Inc., and accepts the new offer. Nina is


A) liable to OK and must sell it a car of comparable value.
B) liable to OK and must sell it her car.
C) not liable to OK because she is a minor.
D) not liable to OK because the sale of the car disaffirmed their deal.

E) A) and B)
F) A) and C)

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Jon agrees to sell his K9 Sports Equipment store to Lacy. As part of the sale, Jon promises never to open a similar, competing store anywhere. Jon's promise is most likely


A) invalid because it is part of a sale of an ongoing business.
B) invalid because of the unreasonable terms of area and time.
C) valid because it is part of a sale of an ongoing business.
D) valid because Jon and Lacy apparently have the capacity to contract.

E) All of the above
F) A) and D)

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A covenant not to compete is enforceable only if it is necessary to restrain trade.

A) True
B) False

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A minor who affirmatively misrepresents himself or herself to be an adult will not be able to disaffirm a contract in most states.

A) True
B) False

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A blue law is a state statute that prohibits loans at an interest above the "blue line."

A) True
B) False

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Airway International, Inc., is a commercial passenger airline. Airway includes on its tickets a clause that states the airline is not liable for any injury to, or the death of, any passenger caused by its, or its employees', negligence. An Airway flight from Boston to New York crashes into Long Island sound, resulting in the deaths of all passengers. The cause of the ac?cident is found to be due to Airway's negligence. Based on the clause on its tickets, can Airway avoid liability?

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Airway cannot avoid liability for the de...

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National Insurance Company violates a state statute when selling an insur?ance policy to Opal. The policy may be enforced by


A) National Insurance only.
B) National Insurance or Opal.
C) no one.
D) Opal only.

E) All of the above
F) B) and C)

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If an illegal contract is executory, either party can enforce it.

A) True
B) False

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A contract is unenforceable if there is a statute that prohibits the action promised by the contract.

A) True
B) False

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Chris, a minor, signs a contract to buy alcoholic beverages for Dine & Drink, his parents' restaurant. The contract is


A) valid but may be disaffirmed.
B) valid but may not be disaffirmed.
C) void as a matter of law.
D) void unless it is also signed by Ed, the manager of Dine & Drink.

E) A) and B)
F) B) and C)

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U-Can-Own-It Corporation sells appliances to less educated consumers, including Viv, on installment plans. U-Can-Own-It files a suit against Viv when she stops making payments. Viv claims that the deal is unconscionable. The court will most likely consider


A) the geographic area of the relevant market.
B) the parties' relative bargaining power.
C) the quality of related products in the general market.
D) the relation of this deal to those of other customers.

E) None of the above
F) B) and C)

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Most courts are usually very concerned about the fairness of contracts.

A) True
B) False

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Jill, a minor, is living at home with her parents, but signs a lease with a land?lord to rent an apartment. Jill can


A) disaffirm the lease because her parents can be held liable for it.
B) disaffirm the lease without liability.
C) not disaffirm the lease because an apartment is a "necessary."
D) not disaffirm the lease if she intended to live on her own.

E) A) and D)
F) B) and D)

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Jock and Kyla decide to wager, in violation of a state statute, on the out?come of a football game. They each deposit money with Len, who agrees to pay the winner of the bet. Before the game begins, Kyla tells Len that she changed her mind about the bet. Kyla can recover


A) the amount of her bet and the amount of Jock's bet.
B) the amount of her bet minus Len's expenses.
C) the amount of her bet only.
D) nothing.

E) A) and C)
F) B) and C)

Correct Answer

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A person who enters into a contract when he or she is intoxicated can void the contract if he or she did not comprehend the legal consequences.

A) True
B) False

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