UPDATED 2026 HESI REVIEW NUR 101 FORTIS
COLLEGE TEST QUESTIONS WITH 100%
CORRECT SOLUTIONS
◉ Unilateral Mistake (pg. 67) Answer: A unilateral mistake alone is
an insufficient basis for reformation or recission in the absence of a
showing of fraud, duress, or similar inequitable conduct. To be
successful, the party alleging the unilateral mistake must show (1)
that the mistake was material, (2) that the mistake was made
unknowingly despite the exercise of ordinary care, (3) that
enforcement of the contract as written is unconscionable and would
result in unjust enrichment of one party at the expense of the other,
and (4) that the parties can be returned to the status quo without
prejudice.
◉ Inability to consent, Including Infancy (pg. 67) Answer: In New
York, a person under the age of 18 is deemed an infant. A contract
entered into by an infant is not automatically void, but is voidable at
, the infant's election. If the infant does not disaffirm the contract, the
contract is binding and enforceable. An infant may disaffirm the
contract within infancy or a reasonable time after turning 18.
◉ Unconscionability (pg. 68) Answer: In general, unconscionability
requires some showing of an absence of meaningful choice on the
part of one of the parties, together with contract terms that are
unreasonably favorable to the other party. The party must
demonstrate that the contract was both procedurally and
substantively unconscionable when made. The substantive aspect
considers whether the contract terms are unreasonably favorable to
one party, while the procedural aspect looks to evidence of the
contract formation process.
◉ Procedural unconscionability (pg. 68) Answer: In order to
determine whether there has been procedural unconscionability in
the contract formation process, a court must assess factors such as:
(1) the size and commercial setting of the transaction, (2) whether
deceptive or high-pressure tactics were employed, (3) the use of fine
print in the contract, (4) the "experience and education of the party
claiming unconscionability, and (5) whether there was a "disparity
in bargaining power."
◉ Illegality (pg. 68-69) Answer: Under New York law, agreements
that are contrary to public policy are generally unenforceable. For
instance, a business cannot engage in consumer-oriented conduct
that is materially deceptive and likely to mislead a reasonable
COLLEGE TEST QUESTIONS WITH 100%
CORRECT SOLUTIONS
◉ Unilateral Mistake (pg. 67) Answer: A unilateral mistake alone is
an insufficient basis for reformation or recission in the absence of a
showing of fraud, duress, or similar inequitable conduct. To be
successful, the party alleging the unilateral mistake must show (1)
that the mistake was material, (2) that the mistake was made
unknowingly despite the exercise of ordinary care, (3) that
enforcement of the contract as written is unconscionable and would
result in unjust enrichment of one party at the expense of the other,
and (4) that the parties can be returned to the status quo without
prejudice.
◉ Inability to consent, Including Infancy (pg. 67) Answer: In New
York, a person under the age of 18 is deemed an infant. A contract
entered into by an infant is not automatically void, but is voidable at
, the infant's election. If the infant does not disaffirm the contract, the
contract is binding and enforceable. An infant may disaffirm the
contract within infancy or a reasonable time after turning 18.
◉ Unconscionability (pg. 68) Answer: In general, unconscionability
requires some showing of an absence of meaningful choice on the
part of one of the parties, together with contract terms that are
unreasonably favorable to the other party. The party must
demonstrate that the contract was both procedurally and
substantively unconscionable when made. The substantive aspect
considers whether the contract terms are unreasonably favorable to
one party, while the procedural aspect looks to evidence of the
contract formation process.
◉ Procedural unconscionability (pg. 68) Answer: In order to
determine whether there has been procedural unconscionability in
the contract formation process, a court must assess factors such as:
(1) the size and commercial setting of the transaction, (2) whether
deceptive or high-pressure tactics were employed, (3) the use of fine
print in the contract, (4) the "experience and education of the party
claiming unconscionability, and (5) whether there was a "disparity
in bargaining power."
◉ Illegality (pg. 68-69) Answer: Under New York law, agreements
that are contrary to public policy are generally unenforceable. For
instance, a business cannot engage in consumer-oriented conduct
that is materially deceptive and likely to mislead a reasonable
