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13 Cards in this Set

  • Front
  • Back
Hands off
general position taken by the courts
Rights of protected parties
the court will enforce an agreement where to do so serves to protect those the statutory limitation intended to protect
Wagering statute
no financial interest other than that created by the bet, the contract will not be enforced
Risk shifting agreements
where the parties agree who bears an existing risk the contract is enforceable
Speculative bargains
such as stock and commodities transactions are enforceable
Usury
prohibit charging more than a stated amount of interest for the use of money
Sunday/Blue laws
prohibit performance of certain work and/or transactions of business on Sunday
Revenue rising statutes
one major exception
Fiduciary
a person in a position of trust or confidence like a trustee, agent, or partner
Exculpatory clause
provision in a contract that attempts to relieve one party to the contract from liability for the consequences of his or her own negligence
Ancillary
no broader than reasonably necessary
Unconscionable contract
shock the conscience of the court
Adhesion contracts
contract does not amount to a contract at all – no bargaining