Law Test 3

Front 1

Exculpatory clause

Back 1

is a provision excusing one party from fault or liability.

Front 2

A clearly illegal provision in an agreement:

Back 2

may be divisible from the rest of the agreement, which means that the court will enforce the agreement without it.

Front 3

A contract made by a mentally impaired person; who has not been adjudicated incompetent:

Back 3

can only be ratified after the person has regained his mental capacity

Front 4

A contract that is deemed to be too harsh or oppressive to one of the contractual parties may be unenforceable under the concept of:

Back 4

unconscionability

Front 5

A contract that is offered on a “take-it-or-leave-it” basis is known as a/an

Back 5

adhesion contract

Front 6

A contract which contains a clause which excuses one party from liability for his/her negligent conduct is

Back 6

exculpatory

Front 7

A contract with an intoxicated person is

Back 7

voidable by intoxicated person

Front 8

A covenant not to compete is valid in Florida if it

Back 8

is 6 months or less in time

Front 9

A female attains the age of majority at what age?

Back 9

18

Front 10

A gross disparity in the values exchanged as part of a contract:

Back 10

may be a significant factor in a determination that a contract is unconscionable and c. may be sufficient grounds for denying specific performance

Front 11

A major distributor of popular sportswear offers a franchise agreement to retail stores. The contract is prepared on a standard form and offers terms on a take-it-or-leave-it basis. Such a contract is called:

Back 11

an adhesion contract

Front 12

A minor generally is liable for the reasonable value of

Back 12

necessaries

Front 13

A minor, M, has obtained necessaries on credit. It is correct to say that

Back 13

he is only liable for the reasonable value of the necessaries.

Front 14

A minor’s contract is ordinarily

Back 14

voidable

Front 15

A necessitous buyer in an unequal bargaining position with a seller who has obtained an exorbitant price for a product or service is a common example of:

Back 15

substantive unconscionability

Front 16

A person may ratify a contract

Back 16

only after his 18th birthday.

Front 17

A raffle is

Back 17

gambling

Front 18

A state statute establishes a maximum interest rate of 10% for loans or forbearance of money when the debtor is not a corporation. Arrears and Buck, a large retailer, effectively charges consumers an annual rate of 18% on the unpaid balances of their purchases

Back 18

The time-price doctrine may apply

Front 19

A statute establishing a maximum rate of permissible interest is a

Back 19

usury law

Front 20

usury statute

Back 20

is a law establishing a maximum rate of permissible interest for which a lender and borrower of money may contract

Front 21

is a measure designed to protect the public from unqualified practitioners

Back 21

regulatory license

Front 22

Adhesion contracts are sometimes held to be unconscionable, but their use is often justified. An adhesion contract is most appropriate if a seller

Back 22

thereby realizes efficiencies that reduce transaction costs

Front 23

After a person reaches majority and seeks to ratify a contract entered into as a minor, he/she

Back 23

can ratify the contract only as a whole

Front 24

An agreement to refrain from a particular trade or business is

Back 24

enforceable, if the purpose is to serve a legitimate business purpose

Front 25

An agreement to refrain from a particular trade or business is enforceable if

Back 25

the purpose of the restraint is to protect a property interest of the promisee and the restraint is no more extensive than is reasonably necessary to protect that interest

Front 26

An incompetent person who lacks understanding of a contract and its consequences can avoid it even if the other party has no reason to know of the incompetent’s mental condition

Back 26

True

Front 27

An item considered a necessary is

Back 27

lodging
medicine
food

Front 28

Andrew owns a store in Duval County. His trade extends throughout Jacksonville, but not beyond the county limits. He sells his store to Betty and as part of the transaction agrees not engage in the same business anywhere in Jacksonville for a period of five years

Back 28

The geographic restraint is reasonable.

Front 29

Ann, a minor, disaffirmed her agreement to buy $127 worth of cosmetics from Mary Kay Company. She had used up all the eye shadows, lipsticks and powders. The general rule is that:

Back 29

she may disaffirm but she has to return the makeup that is not used up

Front 30

Anna is 88 years old and under the legal guardianship of her daughter. One day Anna receives a telephone call from a health insurance salesman and purchases a $400 a month Medicare-gap insurance policy

Back 30

This contract is void

Front 31

As a general rule, disaffirmance must come either during a minor’s minority or within a reasonable time after he reaches majority.

Back 31

True

Front 32

Before granting an injunction enjoining a former employee from competing in a described territory, the courts insist that the employer demonstrate that the restriction is ___________ to protect the employer’s legitimate interest.

Back 32

necessary

Front 33

John G Roberts

Back 33

Chief Justice appointed by George Bush White Male

Front 34

Elena Kagan

Back 34

appointed by Obama

Front 35

Samuel Alito

Back 35

White male

Front 36

Stephen Breyer

Back 36

White Male

Front 37

RuthBader Ginsburg

Back 37

Female White