Question 1

In a legal context, 'duress' is:

Accepted Answer

Duress refers to a situation where one party is forced into a contract under threat or pressure, making the contract voidable at the option of the party who was under duress.

Question 2

A contract will not be enforceable where a court finds a 'lack of formality', that is:

Accepted Answer

Certain contracts must meet specific formal requirements, such as being in writing, to be enforceable.

Question 3

A contract will not be enforceable where a court finds a 'lack of legality', that is:

Accepted Answer

A contract is unenforceable due to 'lack of legality' when either its purpose or its performance is illegal.

Question 4

A contract may not be enforceable where a court finds a 'lack of consent', that is:

Accepted Answer

Lack of consent refers to situations where a party has not willingly agreed to the contract terms, which can occur due to duress, undue influence, misrepresentation, or mistake.

Question 5

Which of the following will not necessarily make a contract unenforceable?

Accepted Answer

A contract not drafted by a lawyer can still be enforceable as long as it meets the necessary legal requirements, such as offer, acceptance, consideration, and mutual consent.

Question 6

A 'voidable' contract is one that:

Accepted Answer

A voidable contract is valid and enforceable unless the innocent party chooses to void it due to certain legal reasons, such as misrepresentation or duress.

Question 7

Which of the following statements is not true of non est factum?

Accepted Answer

A court will not usually find non est factum simply because a party signed a contract without reading it; there must be a fundamental mistake about the nature of the document due to a disability or disadvantage.

Question 8

Where parties to a contract have a pre-existing relationship and one party has a degree of influence or dominance over the other and the stronger party takes advantage of that influence so that the weaker party does not exercise their independent judgement, the contract will be voidable by the weaker party because of:

Accepted Answer

Undue influence occurs when one party in a dominant position takes advantage of their influence over another party, preventing the latter from exercising free will in a contract.

Question 9

Kieran threatens to burn down Scott's house unless Scott agrees to sell his vintage Ford Cortina to Kieran for $10,000.Scott agrees, but then sells the car to Jermaine for $50,000.What can Kieran do?

Accepted Answer

The agreement between Kieran and Scott is unenforceable due to duress. Duress occurs when one party threatens to commit a wrongful act unless the other party agrees to the demand. In this case, Kieran threatened to burn down Scott's house, which is a wrongful act, to force Scott to agree to the sale of the car. Therefore, the agreement is void and unenforceable.

Question 10

Which of the following is not a circumstance likely to make a contract unenforceable?

Accepted Answer

Contracts generally require formality to be enforceable, but lack of informality alone does not make a contract unenforceable.

Question 11

Which of the following scenarios would not be likely to render a contract unenforceable because of a presumed lack of consent by one of the parties?

Accepted Answer

While the other scenarios listed involve a lack of genuine consent, entering into a contract without sufficient funds is not considered a lack of consent and would not render the contract unenforceable on those grounds. However, it may still result in a breach of contract if the party fails to meet their payment obligations.

Question 12

Which of the following is not a type of mistake that will make a contract unenforceable?

Accepted Answer

A mistake as to the market value of the property that is the subject of the contract is not a type of mistake that will make a contract unenforceable. The other three types of mistakes (unilateral, common, and mutual) can make a contract unenforceable if they go to a basic assumption of the contract and have a material effect on the agreed-upon exchange.

Question 13

Which of the following will not make a contract unenforceable?

Accepted Answer

A change of mind by one of the parties does not render a contract unenforceable. As long as there was mutual agreement between the parties at the time the contract was formed, it is still considered a legally binding agreement. However, if one of the parties can prove that they were induced to enter into the contract by fraud, duress, undue influence, or misrepresentation, the contract may be voidable at the option of the injured party.

Question 14

Clementine agreed to sell her designer evening gown to Miranda.Unfortunately at the time the agreement was made the gown, which had been sent to the drycleaners, had been destroyed as a result of a fire at the dry-cleaning premises.In the circumstances the contract between Clementine and Miranda is:

Accepted Answer

The contract is void for common mistake because both parties were unaware that the gown had been destroyed at the time of the agreement, making the performance of the contract impossible.

Question 15

Which of the following is not a scenario where a contract will be void due to unconscionable conduct?

Accepted Answer

Mistake relating to a fundamental aspect of the contract is not typically considered unconscionable conduct; it may lead to a voidable contract due to mistake, but not specifically due to unconscionable conduct.

Question 16

Which of the following is not a special weakness or disadvantage which could make a contract unenforceable due to unconscionability?

Accepted Answer

An inability to read English, a lack of education, and intoxication are all special weaknesses or disadvantages that could make a contract unenforceable due to unconscionability. However, a tendency to procrastinate is not considered a special weakness or disadvantage in this context.

Question 17

Which of the following is not a personal circumstance a court is likely to find amounts to a 'special weakness or disadvantage' on the part of a contracting party?

Accepted Answer

The answer of Which of the following is not a...

Question 18

A contract will be void due to 'unconscionable conduct' where:

Accepted Answer

Unconscionable conduct involves one party taking unfair advantage of another party's special weakness or disadvantage, making the contract voidable.

Question 19

Which of the following is most likely to make a contract unenforceable?

Accepted Answer

Lack of consent is the most likely factor that would make a contract unenforceable. Consent involves both parties agreeing to the terms of the contract voluntarily and without coercion. Without consent, the contract is not legally binding. Lack of writing, lack of enthusiasm, and lack of value may affect the validity of a contract in certain circumstances, but they are not as likely to render a contract unenforceable as lack of consent.

Question 20

Which of the following is least likely to be unenforceable due to undue influence?

Accepted Answer

Contracts between two good friends are least likely to be unenforceable due to undue influence compared to those involving professional or familial relationships, where there is a greater potential for one party to exert undue influence over the other.

Quiz 9: Contract Law 3: Enforcement of the Contract