Question 1

Distinguish between procedural and substantive unconscionability.

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Question 2

Who usually enters into employment contracts and what provision is commonly included regarding possible restraint of trade? Explain the purpose of such provisions.

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Question 3

What is the legal effect of an agreement that is criminal, tortious, or otherwise contrary to public policy, and why does it have that effect?

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Question 4

State and local governments require licenses for certain businesses and professional activities.
a.Explain the difference between a regulatory licensing statute and a licensing statute enacted to raise revenue.
b.Explain the significance in contract law between a regulatory license and a revenue raising license.
c.Give an example of each type of licensing statute.

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Question 5

Identify five exceptions to the general rule that illegal contracts are unenforceable.

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Question 6

Delbert won a $500 bet with Samuel on the outcome of the World Series, but Samuel refuses to pay.Discuss what recourse Delbert has.If Delbert had instead bought a ticket from a state-operated lottery, would his recourse be different?

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Question 7

a.Explain the meaning of "public policy" in the context that an agreement is void because it violates public policy.
b.List the most common forms of agreements that violate public policy.

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Question 8

Courts usually will require evidence for a transaction to be usurious.What factors will the courts require as evidence of usury?

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Question 9

Philip has been in training for several months and now plans to run in the school-sponsored, 10-mile, fun-run mini-marathon.He completes and signs an entry blank which contains the statement, "I hereby agree to hold the sponsors harmless for any injury sustained as a result of participation in this event no matter how such injury may be caused." 
a.What is the legal term for this clause in the agreement? 
b.Is the clause valid and legally enforceable? Explain its legal effect.

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Quiz 13: Illegal Bargains