York College, CUNY

STRATEGIC 68798

Chapter 8

1)How are the legal doctrines that are exceptions to the general rule that a contract, once formed, is enforceable categorized?

2. If an aggrieved party can bring itself within one of the exception doctrines, what are the possible outcomes?

3. What is a void contract?

4. What is the general principle relating to legal capacity to form contracts?

5. Identify the most common categories of necessaries for contracts involving minors.

6. In order for an employment contract to be enforceable against a minor, what must the employer prove?

7. Under common law, what effect does reaching the age of majority have on contracts formed while one of the parties was underaged?

8. Identify the doctrines that all raise the issue of whether a party had sufficient mental capacity to freely enter into a contract.

9. What form does duress typically take in commercial dealings?

10. When does undue influence typically operate?

11. What is the two-step process that must be used to establish unconscionability?

12. What circumstances result in inequality between the parties?

13. When is a party required to demonstrate the existence of an improvident bargain?

14. What is the legal effect of one party providing partial information to the other party during contract negotiations?

15. What does insurance law provide an example of?

16. Why is the difference between a statement made prior to entering into a contract and a statement made in a contract considered crucial in contract law?

17. What is the legal significance of rescission?

18. Identify and describe the categories of actionable misrepresentations.

19. What role does tort law play in actionable misrepresentations?

20. What is the best way to reduce the risk of contractual misrepresentation arising?

21. How does the principle of mistake in contract law differ from mistakes generally?

22. Does the concept of legal mistake allow an individual to claim they were not aware of a contract they signed? Explain.

23. Under what circumstances would a court consider a freely chosen contract to be unenforceable?

24. Give examples of contracts that are illegal by statute.