Ch 16 商法

Substantive unconscionability, Incorrect Unavailable occurs when an agreement is overly harsh or lopsided.

当一个协议过于苛刻或不平衡时，就会出现实质性的不公平，不正确的不可得性。

______ occurs when a party gives a loan at an interest rate exceeding the legal _______. 当一方以超过法定期限的利率提供贷款时，就会发生违约。

最大 MAX 高利贷 usury

A contract overturned for illegal subject matter or for being illegal to perform is generally declared: _______. 因标的违法或履行违法而被撤销的合同，一般宣告成立:

VOID

Anticompetitive agreements are viewed as being harmful to ______ and against public ______.

consumers policy

A minor would be most likely able to disaffirm which of the following contracts?

A contract for stereo equipment

Which of the following is a correct statement regarding a minor's obligations on disaffirmance?

A minor's obligations on disaffirmance vary from state to state

Multiple Choice Question Which of the following is a legally-recognized way to expressly ratify a contract?

After reaching majority, a person states orally or in writing that he or she intends to be bound by the contract entered into as a minor.

Which of the following statements is correct regarding the legality and enforceability of contracts?关于合同的合法性和可执行性，下列哪个陈述是正确的?

Both a contract that requires an illegal act for performance and a contract for an illegal purpose are unenforceable.要求非法行为履行的合同和要求非法目的履行的合同都是不可执行的。

Which of the following occurs when a minor's parents or legal guardians give up their right to exercise legal control over the minor?

Emancipation

____ refers to agreements in which parties pay consideration for the chance, or opportunity, to obtain an amount of money or property.【译】协议是指双方为获得一定数额的金钱或财产的机会或机会而支付对价的协议。

Gambling

_______ refers to agreements in which parties pay ______ (money placed during bets) for the chance, or opportunity, to obtain an amount of money or property.

Gambling 赌博 考虑consideration

Which of the following is not a recognized purpose of licensing statutes?

Government retribution 政府的惩罚

Which of the following is a correct statement regarding a minor's power to disaffirm or void a contract?

If a minor chooses to disaffirm a contract, he or she must void the entire contract.

Which of the following occurs when a former minor takes some action after reaching the age of majority consistent with the intent to ratify a contract? 下列哪一种情况是前未成年人在达到法定年龄后采取某种行为，与追认合同的意图一致?

Implied ratification默示批准

Which of the following is a type of legal capacity a person suffering from a mental illness may have, depending on the nature and extent of their deficiency? 根据精神疾病的性质和程度不同，精神疾病患者可能具有的法律能力有以下哪一种?

Limited

Which of the following is a correct statement regarding a competent party's recourse against a minor who disaffirms when the consideration the minor received is damaged or destroyed?

The competent party has no recourse against the minor.

Which of the following statements is correct regarding the legal exceptions to usury statutes? 关于高利贷法规的法律例外，下列哪个陈述是正确的?

To facilitate business, most states with usury statutes allow corporations to borrow at rates exceeding the maximum.为了促进商业，大多数有高利贷法规的州允许公司以超过最高限额的利率借款。

If the purpose of a(n) _______ statute is to provide government control over the profession or generate revenue, most states _______ enforcement of the contract.

allow licensing

Agreements that restrain trade, called ______ agreements, are viewed as being harmful to consumers and against public policy.

anticompetitive

Agreements that _______ trade frequently violate ______ laws. 与贸易有关的协议经常违反法律。

antitrust restrain 反垄断 抑制

Public policy involves: _______.

both the government's concern for its citizens and the beliefs people hold regarding the proper subject of business transaction

No ______ are required to _______ a contract involving a minor; the minor need only show an intention to ______ it, either by words or actions.

cancel formalities rescind

In most states, a person is given full legal ______ to enter into contracts when she becomes ______ before reaching the age of majority. (Choose TWO correct answers) legal

capacity emancipated

Depending on the nature and extent of the mental or physical _______, a person may have either no capacity, the complete inability to enter into contracts, or limited capacity, the ability to form only ______ contracts. (Choose TWO correct answers)

defect voidable

A minor can ______ a contract for a necessary, but upon doing so, the minor is still liable for the ______ of the necessary.

disaffirm reasonable value

Upon _______ most states simply require a minor to notify the other party and return any ______ received, regardless of its condition

disaffirmance consideration

Usually, when a(n) _______ marries, she or he is considered ______. (Choose TWO correct answers)

emancipated minor

Covenants not to compete in connection with the sale of a business are generally: _______.

enforceable

A(n) ______ ratification occurs when, after reaching the age of majority, the person states she intends to be bound by the contract entered into as a minor. A(n)在达到法定年龄后，该人声明她打算受作为未成年人订立的合同的约束时，批准生效。

express

Ratification may be either ______ or ______.

express; implied

In many states, parents may be liable when a child causes harm if it can be proved that the parents: _____.

failed to properly supervise the child

The public policy argument in favor of supporting the enforceability of a(n) _______ covenant regarding the sale of a business involves the ______ of the sale.

fairness restrictive

Industry officials prefer to use the term ______, rather than gambling, to refer to agreements in which parties pay consideration for the chance, or opportunity, to obtain an amount of money or property.行业官员更喜欢使用术语，而不是赌博，来指代各方为获得一定数额的金钱或财产的机会或机会支付代价的协议。

gaming

A recognized purpose of licensing statutes is government protection of the public's ______, ______, and ______. 许可法令的一个公认目的是政府保护公众的自由。

health safety welfare security

Another term for incapacity is: _______.

incompetence

Given California's definition of ______, betting on draw poker is _______.

legal gambling

Once a person reaches the age of majority, she may ratify, or ______ contracts made as a minor. 一个人一旦到了法定年龄，就可以批准未成年人订立的合同。

legally affirm

In terms of the effect of entering into an agreement with a person who is unlawfully unlicensed, in some states the rule is "no ______, no ______." These states will not enforce any agreement with an unlawfully licensed professional. 就与非法无证人员订立协议的效力而言，在一些州的规则是"无证无证"。这些州不会强制执行与非法执业专业人员的任何协议。

license; contract

In most states, courts or state legislatures have determined that a minor should not have the right to disaffirm contracts for _______ and _______.

marriage child support

Once a person reaches the age of ______, she may ratify contracts made as a(n) ______.

minor majority

In most states, ______ are liable for a minor's personal torts. 在大多数州，未成年人的人身侵权责任由未成年人承担。

minors, not their parents, 未成年人，而不是他们的父母，

Sabbath laws typically do not apply to contracts for obtaining ______, including prescription medication, food, and anything else related to health or survival.安息日律法通常不适用于获得......的合同，包括处方药、食物，以及其他任何与健康或生存相关的东西。

necessities

Persons suffering from a mental illness or deficiency may have ______, ______, or ______ legal capacity to enter into a binding contract, depending on the nature and extent of their deficiency. 患有精神疾病或精神缺陷的人，根据其缺陷的性质和程度，可能具有订立具有约束力的合同的法律能力。

no full limited

If intoxication causes a person to exercise poor judgment in making a contract, the contract is ______ unless the other party unfairly capitalized on the impaired judgment. 如果醉酒使人在订立合同时判断力差，除非另一方不公平地利用了判断力差，否则合同无效。。

not voidable

An express ratification occurs when, after reaching the age of majority, the person states ______ or ______ that she intends to be bound by the contract entered into as a minor.

orally in writing

An agreement against ______ policy may not be illegal _______, but is nevertheless unenforceable.反对......政策的协议可能不违法，但仍然无法执行。

per-se public

Incapacity is the possession of a(n) ______ or ______ defect that prevents a natural person from being able to enter into a(n) _______ contract. (Choose TWO correct answers) 无行为能力是指拥有妨碍自然人签订无行为能力合同的缺陷。(选择两个正确答案)

physical legally binding mental

A contract cannot be for an illegal ______ or require an ______ for performance.

purpose illegal act

An implied _______ occurs when a former minor takes some action after reaching the age of majority consistent with intent to ratify a contract. 当前未成年人在达到法定年龄，且其行为与追认合同的意图相一致时，就发生了默示承诺。

ratification批准

When a court determines a restraint on trade is ______ and the restraint is part of a(n) ______, or ancillary, clause in a contract, the restraint is typically allowed.当法院判定对贸易的限制是......，而这种限制是合同中(n)......或附属条款的一部分时，这种限制通常是允许的。

reasonable subordinate 合理的 下属

When a court determines a restraint on trade is reasonable and the restraint is part of a subordinate, or ancillary, clause in a contract, the restraint is typically allowed. Such restraints are known as covenants not to ______ or _______ covenants.

restrictive compete 限制性的 竞争

A _______ covenant made in conjunction with the ______ of an ongoing business is enforceable 与正在进行的业务有关的合同是可执行的

restrictive限制性的 sale

Any agreement to commit a crime or ________ is illegal and _______. 任何犯罪或犯罪的协议都是非法的。

tort 侵权行为 unenforceable

Generally, contracts made by intoxicated persons are ______. 一般来说，醉汉签订的合同是_----的。

voidable

Because their contracts are _______, minors have the right, until a reasonable time after reaching the age of majority, to _______ their contracts.

voidable disaffirm

If no exception allows a usurious loan, a few states declare all usurious loans ______, which means the lender is not entitled to recover either interest or principal from the borrower.如果不允许高利贷，一些州就宣布所有的高利贷，这意味着贷款人无权从借款人那里收回利息或本金。

void无效