VERIFIED EXAM QUESTIONS WITH ANSWER TO
PREPARE FOR TCONTRACT LAW FOR PARALEGALS
NFPA,NALA,NALS AND CLE Providers CERTIFIED
UPDATED 2025
GRADED A+
In Hamer v. Sidway, if state law made major age 18, and nephew aged 17 contracted with his
adult uncle, the contract would be
Voidable
Emancipated minors
Minors not under care of adult
Mental capacity
Able to comprehend nature and effect of K
A person under the influence of ____ or ______ is incapable of entering a valid contract for
lack of capacity
Drugs or alcohol
Minors entering K for ______ are still liable for breach
Necessaries (e.g. Food, clothing, shelter, medical assistance, etc.)
,Intent
Mutual assent to comply with terms of K
Suspect mutual assent
• induced by fraud into k
• coerced into k
• mistake over terms
Contractual intent may be undermined in three ways:
Fraud, Duress, Mistake
Five elements of fraud
• Misrepresentation
• Material fact
• Intent to deceive
• Relied on by other party
• To detriment
K entered by fraud is
Voidable for lack of mutual assent
Types of duress that invalidate K
• physical duress
• economic duress
• mental duress
• undue influence
• contract of adhesion
,K voidable by innocent party due to unequal bargaining power
Contract of adhesion
Misconception about subject matter of K
Mistake
Illusory promises
K is invalid if either party can not perform
Pre-existing duty rule
There can't be K involving required performance (e.g. cops contract to arrest burglar)
Past consideration is inapplicable to a new agreement
True
Most written pledges are unenforceable due to lack of
Consideration
Accord and satisfaction
Breach of K where parties agree to settle versus litigate
Satisfaction
Performance of accord
Accord
New agreement
, Output K
K where party buys all other puts out
Requirement K
K where party agrees to produce all the other requires
Specific performance
Court order to perform K promises, item must be unique; money won't do (e.g. K for Dream
Theater album w/ Kevin Moore on keys where Moore is substituted with cyborg Jordan
Rudess.)
Promissory estoppel
Detrimental reliance on unfulfilled promise
Contractual capacity
Ability to comprehend nature/effect of K.
Competency
Ability to comprehend nature/effects of K
Infancy doctrine
Allows minors to disaffirm
Duty of restitution (adult)
Competent party must return consideration to minor