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Exam 11: Capacity

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Question 21

Multiple Choice

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Intoxicated, Hank enters a contract for the sale of ten acres of timberland to Ira for less than its market value. Later, Hank seeks to cancel the deal. In determining whether Hank can avoid his duties under the contract, a court is most likely to look at

A) only Hank's intoxicated mental state.
B) only factors other than the Hank's intoxicated mental state.
C) Hank's intoxicated mental state and other factors.
D) none of the choices.

E) B) and D)
F) A) and C)

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Question 22

Multiple Choice

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Darien, a minor, wants to disaffirm a contract that he entered into with Echo, a cell service company. The law in Darien's state, as in all states, permits minors to disaffirm

A) fully executed contracts only.
B) executory contracts only.
C) executory and fully executed contracts.
D) executory contracts only except under certain circumstances.

E) All of the above
F) A) and B)

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Question 23

Multiple Choice

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Whatever is reasonably needed to maintain a minor's standard of living, such as food, clothing, shelter, and medical services, is known as

A minor can enter into any contract an adult can, without exception.

Flake, a minor, enters into a contract to buy an electric guitar. Flake does not take possession or make payments. With respect to the contract, most courts would hold that this is

Through attorneys, Ethel, a minor, does business in the manner of an adult to negotiate and buy Front Street Villas, an apartment building. In many states, this contract would be

Kristin, a minor, enters into a contract to buy a mower from Lawn Gear, a local store. The deal is set aside. Returning Kristin and Lawn Gear to their positions prior to the contract is known as

Among the requirements for a valid contract, courts generally presume the existence of

In determining whether a party was sufficiently intoxicated to avoid legal duties under a contract, courts prefer looking solely at an intoxicated party's mental state.

A minor can disaffirm a contract but not set aside all legal obligations under it.

In many states, if a minor engages in employment in the manner of an adult, his or her related contracts are fully enforceable.

A minor who has reached the age of majority can ratify a contract expressly but not impliedly.

If a court removes a minor's lack of contractual capacity, the minor no longer has the right to enter into contracts.

It is important that disaffirmance be timely.

Jean, a minor, enters into a contract with Kino to plant and harvest thirty acres of Jean's mother's farm for a certain price. On reaching the age of majority, Jean does not state that she intends to be bound by the contract, but indicates an intent to abide by it. This is

Ben, a minor, signs a contract to buy a CallU phone from Dallas, an adult sales representative. Dallas

Sam is mentally incompetent but has not been adjudged by a court to be incompetent. Sam enters into a contract with Tony for the cleaning and maintenance of the Uptown Offices building. Most likely, the contract is

Elaine, a minor, obtains fruits and vegetables on credit from Flo at Growers' Market. Later, Elaine disaffirms the purchase. With respect to the goods, Elaine owes Flo

A minor can ordinarily disaffirm a contract for a reasonable time after coming of age.

In most states, the age of majority for contractual purposes is twenty-one years.