Wednesday, November 6, 2019

An attorney who says that a contract lacks "the proper form" is typically referencing which of the following?

Which of the following represents the legal ability to enter into a binding agreement? 
A. Majority
B. Emancipation
C. Contractual knowledge
D. Contractual capacity
E. Informed consent
Capacity is the legal ability to enter into a binding agreement.

Which of the following are examples of people who do not have the capacity to enter into legally binding contracts? 
A. Those under the age of majority.
B. People suffering from mental illness.
C. Intoxicated persons.
D. People under the age of majority and people suffering from mental illness, but not intoxicated persons.
E. People under the age of majority, people suffering from mental illness, and intoxicated persons.
Most adults over the age of majority have capacity; those under the age of majority, people suffering from mental illness, and intoxicated persons do not have the capacity to enter into legally binding contracts.

Which of the following references the requirement that a contract not be either illegal or against public policy? 
A. Consideration
B. Capacity
C. Legal object
D. Illegal prohibition
E. Ethical requirement
The term "legal object" means that to be enforceable, the contract cannot be either illegal or against public policy.

Which of the following represents a lack of genuine assent? 
A. Acceptance secured through fraud.
B. Acceptance secured through undue influence.
C. Acceptance secured through misrepresentation.
D. Acceptance secured through fraud or undue influence but not through misrepresentation.
E. Acceptance secured through fraud, undue influence, or misrepresentation.
Sometimes the offeror (the party proposing the contract) secures acceptance of the agreement through improper means such as fraud, duress, undue influence, or misrepresentation. In these situations, there is no genuine assent to the contract, and the offeree (the person who agreed to or accepted the contract) may be able to raise that lack of genuine assent as a defense to enforcement of the agreement.

An attorney who says that a contract lacks "the proper form" is typically referencing which of the following? 
A. The agreement lacked a proper offer.
B. The contract lacked a proper acceptance.
C. The contract lacked consideration.
D. The contract lacked a writing.
E. The contract lacked both an appropriate offer and an appropriate acceptance.
The defense that a contract lacks the proper form typically means it lacks a writing.

No comments:

Post a Comment