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Exam 13: Illegal Bargains

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Question 1

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A contract that requires a person to commit a tort will be enforced by the courts.

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Question 2

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The usual means of enforcing an agreement prohibiting an employee from competing in a described territory for a stated period of time is by injunction.

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In some states,a lender who charges a usurious rate forfeits both the principal and interest on the loan.

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

An adhesion contract is offered on a "take-it-or-leave-it" basis.

Edward,an engineer,is working on a new design for some highly technical equipment which Martus,Inc.hopes to market within the next five years.The employment agreement between Edward and Martus states that Edward will not go to work for another company in the same business for a period of two years after termination of his employment with Martus,Inc.This agreement is void and unenforceable because,although Martus is a very specialized company,it would make it difficult for Edward to find other employment.

Rose is working hard on Arlin's mayoral campaign.She thinks that just a few more votes could win the election,so she promises to pay her friend Violet $50 if she will register and vote for Arlin.Violet does so,but Arlin loses the election,and Rose now refuses to pay.Rose's agreement to pay Violet:

The sole nursing home in the county offers a long-term care agreement.The contract is prepared on a standard form and offers terms on a take-it-or-leave-it basis.Such a contract is called:

A(n) __________ is a measure designed to protect the public from unqualified practitioners.

Maximum rates of interest that are permitted under usury statutes are uniform from state to state.

John operates a small repair business and is in desperate need of a certain type of building material.He obtains the material from a large corporation,but is charged a grossly unreasonable price and is forced to buy other material he does not need.In view of the buyer's unequal bargaining power and unreasonable terms of the contract,this may be a case of:

An agreement to refrain from a particular trade,profession,or business is enforceable if:

Permissible lender's expenses,which would not be considered in determining the rate of interest under usury statutes,include all but which of the following?

Claudia sells her highly successful hair salon to Carl.In the sales contract,Claudia agrees never to open a hair salon in the state.Which of the following best describes this contract clause?

A bargain by a candidate for public office to make a certain appointment following the election is legal.

Before granting an injunction enjoining a former employee from competing in a described territory,the courts insist that the employer demonstrate that the restriction is __________ to protect the employer's legitimate interest.

Archie bets his friend Jerry $100 that the Packers will win the next Super Bowl.This is an:

The legal effect of a usurious loan varies from state to state.

Nell gives Big Al $50 in return for Al's promise to defame Sara.Nell hopes to ruin Sara's chances at a promotion.Nell finds out that Al did not hold up his end of the agreement.Which of the following statements is true?

Many states impose no limit on the rate of interest that may be charged on loans to corporations.