Exam 15: Illegality

________ is generally taken to mean the absence of meaningful choice together with terms unreasonably advantageous to one of the parties.

Which of the following is not a category of illegal agreements?

Which of the following is also termed a "liability waiver"?

An exculpatory clause that is written in ________ and conspicuous print is more likely to be enforced than one written in ________ and presented in fine print.

If a statute is considered to be ________,the purpose of the legislation is to protect the public against dishonest or incompetent practitioners.

In technical legal terms,a party not equally in the wrong is said to be not in ________.

For a noncompetition clause to be enforceable,the clause must serve a legitimate business purpose.

An exculpatory clause that protects a person from liability for fraud is:

Under the doctrine of ________,courts would refuse to grant the equitable remedy of specific performance for breach of a contract if they found the contract to be oppressively unfair.

A ________ is a contract,usually on a standardized form,offered by a party who is in a superior bargaining position on a "take-it-or-leave-it" basis.

An agreement can be illegal even if no statute specifically states that such an agreement is illegal.

A contract that "shocks the conscience of the court" is said to be ________.

An exculpatory clause is a provision in a contract that purports to relieve one of the parties from tort liability.

Which of the following will not make an agreement illegal?

Shoddy,the owner of Shoe Repair,was contemplating retirement.He therefore contracted to sell his business to Pauline Parker.Shoe Repair was located in Hoosierburg,Indiana,which has a population of 5,233.Apart from containing a provision entitling Parker to use the Shoe Repair name for the business,the parties' contract included a clause that prohibited Shoddy from opening any competing shoe repair shop in Hoosierburg for a period of one year from the date of the parties' contract.Two months after the date of the contract (and one and one-half months after the sale of the business to Parker had been completed),Shoddy grew tired of retirement.As shoe repair had been his life's work,he opened up a shoe repair shop in Hoosierburg.Parker sued him in an effort to obtain an injunction against his operation of the competing business,alleging a violation of the parties' contract.How is the court likely to rule? Explain your reasoning.

If part of an agreement is legal and part is illegal,the courts will:

Wayne and Mia are friends in Idaho,where gambling is illegal and they are aware of it.Wayne and Mia bet $1,000 on which day Paradise Creek will flood its banks.They have no financial interest in Paradise Creek.Wayne wins this bet.Mia pays Wayne the $1,000,but later that day,regrets it and sues Wayne to get her $1,000 back.The court would probably rule in favor of:

The origin of the policy against restrictions on competition in the market comes from common law.

An agreement that violates legislative and court-made rules and creates a threat to public policy shall be denied enforcement on the ground of illegality.

Joe is the owner of the restaurant "Yummy Bites." Neil is an employee of a competitor's restaurant "Mom's Kitchen." Joe pays Neil $1,000 to obtain recipes from "Mom's Kitchen." In the meantime,Joe has second thoughts and forbids Neil to obtain such recipes.Joe wants to get his money back.Identify the most accurate statement that might help Joe.