BUL 5810 Chapter 13 Homework
Quizzes
Which of the following would generally be considered to be a regulatory licensing law?
A. A statute requiring that doctors be licensed after finishing medical school.
B. A statute requiring that salespeople be licensed, but not establishing any educational
or training requirements.
C. A statute requiring plumbers to be licensed, but not establishing any standards of
competence.
D. A statute that requires flag makers to register with the state before selling flags. -
answerA. A statute requiring that doctors be licensed after finishing medical school.
The sole hospital in a city offers a standard patient 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. exculpatory.
B. a usurious contract.
C. an adhesion contract.
D. an illegal restraint of trade. - answerC. an adhesion contract.
__________ is when money is loaned at a higher rate of interest than the law allows.
A. Lotteries
B. In pari dilecto
C. Usury
D. Adhesion - answerC. Usury
A __________ is an essential element for a promise or agreement to binding. An
agreement without this is unenforceable and contrary to public policy.
A. licensing statute
B. past consideration
C. legal objective
D. All of these are correct. - answerC. legal objective
A(n) __________ is a measure designed to raise money by requiring the purchase of a
license.
A. exculpatory clause
B. revenue license
C. regulatory license
D. usury statute - answerB. revenue license
A buyer of a business may negotiate a __________ contract clause to keep the seller
from running a competing business.
, A. covenant not to compete
B. good faith
C. contract in restraint of trade
D. None of these are correct. - answerA. covenant not to compete
A noncompete agreement may be held invalid, the courts insist that the employer
demonstrate that the restriction is __________ to protect the employer's legitimate
interest without overly restricting the employee's ability to find another job.
A. reasonable and necessary
B. unconscionable
C. exculpatory
D. usurious - answerA. reasonable and necessary
__________ is a set of oppressive or grossly unfair contract terms or exclusions.
A. Procedural unconscionability
B. An exculpatory clause
C. Substantive unconscionability
D. Tortious conduct - answerC. Substantive unconscionability
In a __________, the parties stipulate that one shall win and the other lose depending
on the outcome of an event in which their only interest is the possibility of such gain or
loss?
A. monopoly
B. usury
C. wager
D. All of these are correct. - answerC. wager
__________ means contrary to the dictates of the conscience; unscrupulous or
unprincipled; exceeding that which is reasonable or customary; inordinate, unjustifiable.
A. Usury
B. Unconscionable
C. Exculpatory
D. Illusory - answerB. Unconscionable
A given agreement may not violate any statute but may still be so offensive to society
that courts feel that enforcing the contract would be:
A. fraudulent.
B. contrary to public policy.
C. illegal lobbying.
D. unfair to merchants. - answerB. contrary to public policy.
Buyer and Seller have entered into a contract for the sale of several goods worth
hundreds of thousands of dollars. In the contract, which was prepared by Seller, Seller
included a clause that stated conspicuously "If Seller sues Buyer for any and all claims
related to this contract, Buyer hereby waives all available defenses in law and equity." If
the court finds this clause substantively unconscionable, what would be the reason?
Quizzes
Which of the following would generally be considered to be a regulatory licensing law?
A. A statute requiring that doctors be licensed after finishing medical school.
B. A statute requiring that salespeople be licensed, but not establishing any educational
or training requirements.
C. A statute requiring plumbers to be licensed, but not establishing any standards of
competence.
D. A statute that requires flag makers to register with the state before selling flags. -
answerA. A statute requiring that doctors be licensed after finishing medical school.
The sole hospital in a city offers a standard patient 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. exculpatory.
B. a usurious contract.
C. an adhesion contract.
D. an illegal restraint of trade. - answerC. an adhesion contract.
__________ is when money is loaned at a higher rate of interest than the law allows.
A. Lotteries
B. In pari dilecto
C. Usury
D. Adhesion - answerC. Usury
A __________ is an essential element for a promise or agreement to binding. An
agreement without this is unenforceable and contrary to public policy.
A. licensing statute
B. past consideration
C. legal objective
D. All of these are correct. - answerC. legal objective
A(n) __________ is a measure designed to raise money by requiring the purchase of a
license.
A. exculpatory clause
B. revenue license
C. regulatory license
D. usury statute - answerB. revenue license
A buyer of a business may negotiate a __________ contract clause to keep the seller
from running a competing business.
, A. covenant not to compete
B. good faith
C. contract in restraint of trade
D. None of these are correct. - answerA. covenant not to compete
A noncompete agreement may be held invalid, the courts insist that the employer
demonstrate that the restriction is __________ to protect the employer's legitimate
interest without overly restricting the employee's ability to find another job.
A. reasonable and necessary
B. unconscionable
C. exculpatory
D. usurious - answerA. reasonable and necessary
__________ is a set of oppressive or grossly unfair contract terms or exclusions.
A. Procedural unconscionability
B. An exculpatory clause
C. Substantive unconscionability
D. Tortious conduct - answerC. Substantive unconscionability
In a __________, the parties stipulate that one shall win and the other lose depending
on the outcome of an event in which their only interest is the possibility of such gain or
loss?
A. monopoly
B. usury
C. wager
D. All of these are correct. - answerC. wager
__________ means contrary to the dictates of the conscience; unscrupulous or
unprincipled; exceeding that which is reasonable or customary; inordinate, unjustifiable.
A. Usury
B. Unconscionable
C. Exculpatory
D. Illusory - answerB. Unconscionable
A given agreement may not violate any statute but may still be so offensive to society
that courts feel that enforcing the contract would be:
A. fraudulent.
B. contrary to public policy.
C. illegal lobbying.
D. unfair to merchants. - answerB. contrary to public policy.
Buyer and Seller have entered into a contract for the sale of several goods worth
hundreds of thousands of dollars. In the contract, which was prepared by Seller, Seller
included a clause that stated conspicuously "If Seller sues Buyer for any and all claims
related to this contract, Buyer hereby waives all available defenses in law and equity." If
the court finds this clause substantively unconscionable, what would be the reason?
