An unconscionable contract can be enforced if the unconscionable clause is removed from it.Which of the following elements must exist for a contract to be deemed unconscionable?A) the weaker party did not enter the contract under duressB) the parties had equal bargaining powerC) the dominant party justly used its bargaining powerD) the adhering party had no reasonable alternativeDamien, a first-year law student, offers his services to Mr. Jenkinsto help draft his will. Mr. Jenkins agrees to Damien's offer, andpromises to pay him $400 for his services. Damien writes the will;however, when Damien attempts to collect his payment, Mr.Jenkins refuses to pay. Damien knew that he had no legalrecourse to enforce the contract. What statute had Damienviolated in his contract with Mr. Jenkins?A) a revenue-raising statuteB) a regulatory licensing statuteC) a usury statuteD) a ratification statuteWhich of the following is a licensing statute with the primary purpose of increasing earnings for the government?A) a usury statuteB) a ratification statuteC) a regulatory licensing statuteD) a revenue-raising statuteA(n) ________ is a contract that courts refuse to enforce in part or at all because it is so oppressive or manifestly unfair as to be unjust.A) unconscionable contractB) contract of adhesionC) contract in restraint of tradeD) quasi-contractAccording to the regulatory licensing statute, ________.A) unlicensed persons can recover payment for servicesB) only licensed persons can recover payment for servicesC) persons breaching a revenue-raising statute cannot recover payment for servicesD) all government-licensed persons have to pay an annual fee to renew their licensesHow is the doctrine of unconscionability related to public policy?A) The doctrine of unconscionability is based on public policy.B) All contracts contrary to public policy are considered unconscionable.C) Both are used to save a contracting party from a bad bargain.D) Both are very distinctly defined by law.Darren is a certified interior designer with a lucrative client list inTucson, Arizona. His business affords him a substantial amount ofgoodwill from his clients. Darren sells his accounting interiordesigning business to Glenda. When he sells his business toGlenda, Darren agrees not to open another interior designingfirm in Tucson for a 25-year period. What kind of agreement exists between Darren and Glenda?A) a contract in restraint of tradeB) a covenant not to competeC) an unconscionable contractD) a quasi-contractUnlicensed persons cannot recover payment for services where they do not have the required license.Which of the following is an example of a contract contrary to law by its very existence?A) a usurious loan contractB) a contract between two minorsC) a contract where one party is insane but not adjudged insaneD) a contract of adhesionIn which of the following situations would a party be able to use the court system to sue for damages or recover consideration paid under an illegal contract?A) when both parties sign the agreementB) when both parties are in pari delictoC) when that party is justifiably ignorant of the law or fact that made the contract illegalD) when that party completes an illegal act but is not paid for his considerationWhat does the term in pari delicto mean with reference to contracts?A) Both parties are considered equally at fault for an illegal contract.B) One party has unknowingly signed a contract to commit a crime.C) It is a minor's right to disaffirm a contract.D) It is a special exemption right to circumvent state usury law.A person who is mentally incompetent but not adjudged mentally incompetent cannot void a contract.The court-appointed guardian is the only person who has the legal authority to enter into contracts on behalf of a person who has been adjudged mentally incompetent.A lender can charge an interest rate higher than the state limit.A person can sue for nonperformance even if it is an illegal contract.If the object of a contract becomes illegal after the contract is entered into, the parties are discharged from the contract.After becoming sober, the formerly intoxicated person can ratify the contracts he entered into while intoxicated.If a contract is ________, a court will refuse to enforce or rescind the contract, and the court will leave the parties as it found them.A) validB) voidableC) executoryD) illegalA person who disaffirms a contract based on intoxication must be returned to status quo.
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