Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
4 Cards in this Set
- Front
- Back
|
20) Was the contract Unconscionable?
|
Under contract law an unconscionable contract will not be enforceable because there is no reasonable finding of intent to enter into such a contract. This occures when the contract is so one sided as to be a shock. Likewise, an Adhesion contract is a "take it or leave it" contract that a party is forced to agree to, and it will often be found unenforceable.
Here, the contract appears to be unconscionable because... Therefore, .... |
|
|
21) Duress as a defense.
|
Under contracts law only good faith agreements are enforceable. No contract agreement induced by illegal threats is valid. Likewise, agreements induced by deliberate acts to create threats of economic harm are not enforceable.
Here, the contract maybe argued to be the result of duress because... Therefore, .... |
|
|
22) Fraud (or deceit) as a defense.
|
Under contract law a contract induced through deliberate concealment of material facts by a party with a duty to reveal the facts, or by a party misrepresentating material facts is unenforceable if it can vbe shown the party seeking to void the contract would never have agreed to the bargain but for the concealment and/or misrepresentation.
Here, there was (not) fraud because.... Therefore, .... |
|
|
35) Is the Plaintiff a third party beneficiary?
|
Under contracts law an intended third party beneficiary is a party that can seek damages of a breach of contract between two other parties because the contract was INTENTED to benefit the third party.
An incidental beneficiary, one that was not intented to benefit from a contract between others, has no ability to enforce the contract or seek damages. Contracts can only be enforced by VESTED, INTENDED third party beneficiaries that are DONEES, intented to benefit as a GIFT, or CREDITORS, intended to benefit by EXTINGUISHING A DEBT. Vesting ocures when: 1) Third party is asked to assent to the contract terms; 2)Third party changes their position in reliance of the promise; or 3) Third party sues to enforce the promise. |
