Exam 12: Capacity and Legality

An unconscionable contract can be enforced if the unconscionable clause is removed from it.

The parental duty of support is terminated if a minor becomes emancipated.

Which of the following is true of a minor under the infancy doctrine?

Bobby voluntarily enrolls in a skydiving course at OpenSkies Pvt. Ltd., an adventure firm. He signs a contract that relieves OpenSkies of liability. After receiving proper instruction, he jumps from an airplane. Unfortunately, Bobby is injured when he could not steer his parachute toward the target area while landing. He sues the parachute center for damages. But the court found that the contract protected OpenSkies from damages, as Bobby had voluntarily joined the course knowing all the risks involved. What kind of contractual provision protected OpenSkies from having to pay Bobby damages?

A ________ is a contract that provides that a seller of a business or an employee will not engage in a similar business or occupation within a specified geographical area for a specified time following the sale of the business or termination of employment.

16-year-old Frank bought a video game console from John for $150. Frank is a minor, while John is a competent adult. A month later, the console started malfunctioning on its own. Frank returned the console to John. If Frank disaffirms his contract with John for buying the console, which of the following will be considered true?

What is the doctrine of in pari delicto with reference to contracts?

The act or process of a minor voluntarily leaving home and living apart from his or her parents is referred to as ________.

Describe the infancy doctrine with reference to legal contracts.

A ratified contract can be disaffirmed even after the minor reaches the age of majority.

Persons who entered into an illegal contract but withdrew before the illegal act was performed can sue to recover consideration.

In which of the following situations would the effect of illegality be an exception?

A contract with an intoxicated person is not voidable by the other party if that party had contractual capacity.

A(n) ________ is a contractual provision that relieves one or both of the parties to a contract from tort liability.

If a minor does not disaffirm a contract upon reaching the age of majority, the contract is considered as ratified.

The ________ is a legal principle that allows minors to cancel most contracts they have entered into with adults.

Which of the following is true of a minor's right to disaffirm a contract?

How is the doctrine of unconscionability related to public policy?

The intoxicated person is not legally obligated to return consideration, received under the contract, to the competent party.

A person who is insane but not adjudged insane cannot void a contract he or she has entered into.