Ugba 175 Ch 13 Terms

Front 1

uneneforceable when...

Back 1

agreement is criminal, tortious, or otherwise contrary to public policy

Front 2

licensing statutes

Back 2

regulatory (lawyers/doctors)

revenue(alcohol/business/plumber)

Front 3

usury statute

Back 3

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

Front 4

for it to be usurious

Back 4

a. a loan or forebarance .b of money c. which is repayable absolutley in all events d. for which an interest charge is exacted in excess of the interest rate allowed by the law

Front 5

sunday statutes

Back 5

blue laws: modifies common law rule and prohibits certain types of comerical activity on sunday

Front 6

public policy agreements include

Back 6

1. restrain trade
2. exempt or exculpate a party from liability for his own tortious conduct
3. unconsiousable
4. invloce tortious conduct
5. tend to obstruct the admin of justice
6. tend to corrupt officials or impair leg. process
7. impair family relationships

Front 7

restraint of trade

Back 7

any contract or agreement that eliminates competition or obstructs trade or commere

Front 8

convenant not to compete

Back 8

agreement to refrain from etnereing into a competing trade, profession, or business

enforceable if:
1. purpose is to protect a property interest of the promisee
2. no more extensive than is reasonably necessary to protect that interest

Front 9

sale of a business

Back 9

if into a covenant:
reasonablility of location, time and hardships imposed

Front 10

employment contracts

Back 10

not allowed to work w/ competition during employment and sometimes even for a period of time after termination

Front 11

exculpatory clauses

Back 11

exlcuses one party from liability for her own tortious conduct

unenforceable if...
1. an employer from liability to an employee
2. a public service business from liability to a customer
3. a person from liability to a party who is a member of a protected class

Front 12

unconsciousable contracts

Back 12

if found unconsiousable, courts can refeuse to enfore the contract or revise the unconsciousable part

no definition in UCC or Restatement

procedural and substantive, (some courts state that both must be present to make contract unenforceable)

Front 13

procedural unconscionability

Back 13

"bargaining naughtyiness"

..was process fair? or were there irregularities

Front 14

substantive unconscionability

Back 14

actual terms of contract

oppressive/unfair provisions

Front 15

adhesion contract

Back 15

take it or leave it contract
can or cannot be unenforceable, under much more scrutiny

Front 16

tortious conduct

Back 16

any promise to commit tort or induce the commission of tort is unenforceable b/c its contrary to public policy

Front 17

party withdrawing before performance

Back 17

party to an illegal agreement may withdraw from the transaction prior to performance

Front 18

party protected by statute

Back 18

illegal b/c it violates a statute designed to protect persons

Front 19

party not equally at fault

Back 19

when less at ffault, will be allowed to recover payments/property transferred

Front 20

excusable ignorance

Back 20

if one party is completely unaware

Front 21

partial illegality

Back 21

where contract is legal and illegal

change illegal portion
or
make entire contract unenforceable