Exam 15: Legality and Public Policy

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Agreements that are contrary to public policy are binding but voidable.

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When a nationally-known neurosurgeon in Chicago, Illinois sells her practice, the contract may specify that the seller will not practice within a 100-mile radius of Chicago for one year.

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An agreement to restrain trade may be void on the grounds that it is:

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Participation in a free raffle without consideration is lawful, because there is no lottery.

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All of the following are types of contracts that might be unenforceable as contrary to public policy except:

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Sam Wilson often goes to the horse races, participates in his state's lottery, and invests heavily in the stock of major U.S. companies. At work, Wilson is approached by his coworkers and asked to participate in a football pool. "It's totally based upon skill," his friends claim. In addition, Wilson's philanthropic club is holding a raffle in which an individual could win a new car. Are these activities gambling and therefore illegal activities?

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A take-it-or-leave-it contract of adhesion is an example of substantive unconscionability.

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In an employment contract, agreements not to compete are:

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An agreement that unreasonably restrains trade is illegal and void on the ground that it is contrary to public policy.

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