Incapacity, duress, illegality, and unconscionability Bar Exam Flashcards - Medical Study Cards
Master Incapacity, duress, illegality, and unconscionability with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Incapacity, duress, illegality, and unconscionability Flashcard Deck - 9 Cards
Flashcard 1: What are the principal defenses of incapacity, illegality, and unconscionability?
Answer: A minor or mentally incapacitated person generally may disaffirm a contract, an agreement for an illegal purpose is unenforceable when enforcement would violate public policy, and an unconscionable contract or term may be refused enforcement or limited by the court. Unconscionability commonly requires both procedural unfairness in formation and substantively oppressive or one-sided terms, though the required degree of each may vary.
Flashcard 2: What circumstances make a contract voidable for duress under the majority rule?
Answer: Duress exists when a party's assent is induced by an improper threat that leaves no reasonable alternative, including a wrongful threat of physical harm or a sufficiently improper economic threat. A threat to breach a contract may be duress when used in bad faith and the threatened party has no reasonable alternative.
Flashcard 3: What are the three biggest takeaways regarding the Statute of Frauds?
Answer: 1. Classify the agreement (common-law category or UCC goods $500+) before inspecting the writing. 2. The writing must be signed by the party against whom enforcement is sought. 3. For UCC goods, the writing must state a quantity, which caps the maximum enforceable quantity.
Flashcard 4: Identify the quantity limits for the UCC Statute of Frauds exceptions of admission in court and payment or acceptance.
Answer: For admission in court, enforcement is limited to the quantity the party admitted. For payment or acceptance, enforcement is limited to the quantity paid for or the quantity of goods received and accepted.
Flashcard 5: Under UETA, what constitutes an electronic signature and what is its legal effect?
Answer: An electronic signature is an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted with intent to sign. Under UETA, an electronic signature cannot be denied legal effect merely because it is electronic, satisfying a signature requirement if the parties agreed to conduct the transaction electronically and the intent to sign is present.
Flashcard 6: What writing is generally sufficient to satisfy the Statute of Frauds for a sale of goods under the UCC?
Answer: A writing sufficient to indicate that a contract for sale has been made and signed by the party to be charged is sufficient, but it is enforceable only up to the quantity of goods stated in the writing. The writing need not contain every term.
Flashcard 7: What types of agreements are within the Statute of Frauds?
Answer: The traditional categories are suretyship promises, agreements made in consideration of marriage, transfers of interests in land, contracts that cannot be performed within one year, and UCC sales of goods priced at $500 or more. The applicable statute and modern amendments may change the goods-price threshold.
Flashcard 8: What must be shown to establish fraudulent misrepresentation as a defense to enforcement?
Answer: The defendant must show a material or fraudulent false assertion of fact, made with knowledge of its falsity or recklessness, intended to induce assent, actual and justifiable reliance, and resulting harm. The remedy is generally rescission, with damages potentially available for fraud.
Flashcard 9: When does nondisclosure justify avoidance of a contract under the majority Restatement rule?
Answer: Nondisclosure permits avoidance when disclosure is required to correct a previous assertion, disclose a mistake about a basic assumption where nondisclosure violates good faith, correct a material mistake about the contents or effect of a writing, or disclose facts necessary to prevent an inconsistent prior statement from being misleading. Mere silence ordinarily is not actionable.
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