Tort Law
20 important questions on Tort Law
What are the 2 elements of consideration?
b. there must be a bargained-for exchange
"Something of legally sufficient value" consists of:
b. the performance of an action that one is otherwise not obligated to do (providing accounting services)
c. the refraining from an action that one has legal right to undertake (forbearance)
What 3 things make an agreement lack consideration?
- Exception: unforeseen difficulties
b. Past Consideration- promises made in return for actions or events that have already taken place, the element bargained for exchange is missing
c. Illusory Promises- when the terms of the contract express such uncertainty of performance that the promisor has not definitely promised to do anything
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What are the 3 major methods of settling claims?
b. release
c. covenant not to sue
When are releases considered binding? (3)
b. the release contract is in signed writing
c. the contract is accompanied by consideration
What does it mean to have contractual capacity?
Rules regarding contracts with minors
b. the contract is voidable at the option of that minor
c. to avoid a contract, a minor only needs to clearly show an intention to not be bound by it
d. minor avoids a contract by disaffirming it
How can a minor disaffirm a contract?
When can a minor disaffirm a contract?
When is a contract ratified?
What is the result when a minor misrepresents their age?
What methods can a minor ratify a contract with?
Implied- occurs when they don't say anything and keep the goods
Concerning mentally incompetent persons: When is a contract void, voidable or valid?
voidable- when the person was mentally incompetent at the time the contract was formed
valid- contract entered into by a mentally ill person if that person had capacity at the time the contract was formed
Contracts Contrary To Statute and Illegal (4)
b. Usary- charging an illegal rate of interest
c. Gambling Contracts
d. Licensing Statutes- being licensed for a job
What are some contracts contrary to public policy?
b. contracts that prohibit marriage
c. contracts in restraint of trade
What 3 elements are necessary for a valid covenant not to compete?
b. reasonable regarding the timeframe
c. reasonable regarding geographical area
Unconscionable Clause or Contract
Are all adhesion contracts unconscionable?
When do courts enforce exculpatory clauses?
Are parents liable for contacts made by their minor children?
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