BUS 263 11,12,14

Builders Corporation files a suit against Concrete Company to enforce a written contract. If the court finds that the parties intended the contract to be the final statement of their agreement, parol evidence can be admitted to prove

an orally agreed- condition

For a contract to be valid and enforceable, it must be formed for

a legal purpose

Merl buys a tablet for $500, running shoes for $200, and a set of the Game of Crowns books for $100. To be enforceable as a contract, a writing is required for the purchase of

the tablet only

Intoxicated, Efron enters a contract for the sale of his business, Freight Dispatch, to Gretel for less than its market value. This contract is enforceable if, at the time,

Efron understood the legal consequences

Fred agrees to assume a debt owed by Guitars Inc. to Home Bank. The agreement is not in writing. To be enforceable under the "main purpose" rule, the promise must be for the benefit of

Fred

Main St. Markets Inc. and Nature's Food Corporation discuss the terms of a contract. They exchange "signed" e-mails that summarize the terms on which they agree. Main St. begins to perform, but Nature's refuses to pay. Between Main St. and Nature's, the e-mails are

a written contract

Caitlyn is a minor. As a minor, Caitlyn

all of the choices

Gretchen is adjudged by a court to be mentally incompetent. Gretchen

cannot form a legally binding contract with another party

Orin signs a covenant not to compete with his employer, Product Distribution, Inc. The covenant will be enforced if it

is reasonable with respect to geographic area and duration

Van, a minor, wants to return a set of skis that he bought from Winter Sports. He used—and wrecked—the skis. In a state in which a duty of restitution is imposed, Van most likely

must return the skis and pay for the damage

A contract to commit a crime is

unenforceable

A contract to do something that is prohibited by federal or state statute is

unenforceable

Generally, licenses of certain professions

all of the choices

Countrywide Trucking Inc. contracts with Dewey to transport crated goods to a certain destination for $5,000. Countrywide delivers the crates, but Dewey does not pay. Countrywide learns that the crates contained stolen goods. Countrywide can recover from Dewey

$5,000, but not the goods

Ray agrees to buy one hundred pounds of almonds from Sol. To be enforceable, the agreement must be in writing if the almonds cost at least

$500

Chuck, a minor, signs a contract with Denise, an adult. The contract is voidable at the option of

Chuck only

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

Hank's intoxicated mental state and other factors

Nate promises to pay for dental services provided by Otto to Polly. Nate receives no personal benefit for the promise. To be enforceable, the promise must be in writing if

Nate promises to pay only if Polly does not pay

Opal is a minor. In at least some states, Opal can enter into a legally binding contract when she

all of the choices

Bay Mall requires its tenants to sign a lease that includes a clause releasing the landlord from liability in the event of injury to any person or property no matter who is at fault. This is

an exculpatory clause

Lionel obtains a loan from Mortgage Company at an interest rate that exceeds the state's maximum. The lender has

committed usury

Martin, a minor, inherits the rights to several patents. To make use of this property, Martin petitions a court to be treated as an adult for business purposes. If the court grants the request, Martin loses the right to

disaffirm business contracts

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

disaffirmance

Tracy is fifteen. In most states, for contractual purposes, Tracy would be considered a minor until she is

eighteen

Oscar orally agrees with Papa's Pizza Restaurant to provide delivery service to its customers for nine months. This contract is enforceable by

either Oscar or Papa's

Steve relinquishes the right to his son Tanner's control, care, custody, and earnings. This act is

emancipation

Ralph, a minor, enters into a contract with Seth for the installation, maintenance, and repair of an HVAC system in Ralph's Uncle Ted's warehouse. On reaching the age of majority, Ralph sends e-mail to Seth, stating that Ralph intends the contract to be binding. This is

express ratification

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

implied ratification

Alice and Bart enter into a contract for the sale of Canyon Ranch. To be enforceable, this contract must be

in writing or evidenced by a written memorandum

A covenant not to compete

is a promise to refrain from competing in business with another

Val, a minor, enters into a contract to buy a kayak and paddle from a Watercraft dealership. Later, after taking possession, Val disaffirms the deal. She

must return both the kayak and paddle

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

necessaries

Air Flo, Inc., and Banyan Grove Apartments enter into an oral contract in which Air Flo agrees to provide air-conditioning and heating maintenance for Banyan Grove's facilities for two years. This contract is enforceable by

none of the choices

Duane and Evan orally agree to a transfer of forty acres of farmland. Evan asks Finance Bank to lend him the funds to buy the land. Under the Statute of Frauds, the agreement between Duane and Evan is enforceable by

none of the choices

Fagin and Gretel agree to hijack a truck carrying a load of almonds. If Fagin later refuses to go through with the crime, Gretel can

none of the choices

Doug agrees with Elin to sell prescription drugs illegally to Elin's friends for 25 percent of the take. Doug sells the drugs but keeps all of the money. Elin can

not enforce the deal

Lewis tells a representative of Music Inc. that he will pay for Nora's trumpet if she does not. Lewis does not secure any personal benefit for this promise. This promise is enforceable as a contract

only if it is in writing

The purpose of the right to disaffirm a contract is to

protect minors

Accepting and giving legal force to an obligation that previously was not enforceable is

ratification

Blanche, a minor, enters into a contract to buy two all-season passes from Chalet Mountain Resort. The contract will be made enforceable if Blanche

ratifies it

Rosa signs a covenant not to compete with her employer, Sales Corporation. A court decides that the covenant is unreasonably restrictive. Most likely, the court will

reform it to prevent any undue burden

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

restitution

In determining procedural unconscionability, a court is most likely to consider whether

the buyer had an opportunity to ask questions about the contract

Physicians Clinic orders by phone seven boxes of single-use latex gloves from Quality Medical Supplies, Inc. After three boxes are delivered and accepted, Physicians Clinic repudiates the contract. Quality Medical can enforce the contract to

the extent of the three accepted boxes

Jim is an emergency medical technician (EMT). EMTs are prohibited by statute from working more than a certain number of consecutive hours. One month, Jim works more than the legal limit. He can get paid for

the hours up to the statutory maximum and the extra hours

Gold Mines Inc. sells stock in a nonexistent gold mine to Harry in violation of a blue-sky law. Harry can sue the seller to recover

the purchase price of stock

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

void