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