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Exam (elaborations)

LENB CONTRACTS QUESTIONS WITH 100% CORRECT ANSWERS

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LENB CONTRACTS QUESTIONS WITH 100% CORRECT ANSWERS

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LENB CONTRACTS QUESTIONS WITH 100%
CORRECT ANSWERS
According to Section 2-302 of the Uniform Commercial Code, which of the following judicial
options is not available for a court when it finds that a contract is unconscionable? - ✔️✔️The
court may rewrite the contract to benefit the party that created the unconscionability.


A contract created by a party to an agreement that is presented to the other party on a take-it-
or-leave-it basis is a(n) ______ contract. - ✔️✔️adhesion


______ unconscionability involves overly harsh or lopsided substance in an agreement. -
✔️✔️Substantive


An ______ clause is a statement releasing one of the parties to an agreement from all liability,
regardless of who is at fault or what the injury suffered is. - ✔️✔️exculpatory


The absence of an opportunity for a person to read over a contract fully and ask any questions
before he or she is required to sign is an example of ______ unconscionability. - ✔️✔️procedural


Which of the following organizations would be least successful in convincing a court to enforce
an exculpatory clause in its favor? - ✔️✔️a bank


Which of the following parties would be most likely to convince a court to enforce an
exculpatory clause in its favor? - ✔️✔️an amusement park



Which of the following is an accurate statement regarding adhesion contracts? - ✔️✔️Adhesion
contracts usually do not allow for debate regarding the agreement.


An agreement in which one party has little to no legal recourse is an example of ______
unconscionability. - ✔️✔️substantive

, The patently unfair nature of an exculpatory clause is closely tied to the idea of ______
contracts. - ✔️✔️unconscionable


A basic test to determine whether an exculpatory clause is unenforceable is to determine
whether the enforcing party engages in a business directly related to ______. - ✔️✔️the public
interest


To be able to enforce an exculpatory clause, the party seeking enforcement must be ______. -
✔️✔️a private business or an individual not important to the public interest



Identify the effect of an agreement being deemed illegal. - ✔️✔️It becomes void.


When both parties in an illegal agreement are equally responsible for the illegal agreement, the
parties are said to be ______. - ✔️✔️in pari delicto


Which of the following is a recognized exception to the general rule that an illegal agreement is
void? - ✔️✔️A member of a specific, protected class is involved in an agreement that contradicts
a statute intended to protect the specific class.


Generally, when an agreement is deemed illegal, courts will label the contract ______. -
✔️✔️void



In pari delicto means ______. - ✔️✔️in equal fault



Generally an illegal agreement is ______. - ✔️✔️void


A(n) ______ ignorance of facts is one party's lack of knowledge regarding a provision of an
agreement that would make it illegal. - ✔️✔️justifiable

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