BLW 201 Chapter 13

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Author:
bobdylan
ID:
20552
Filename:
BLW 201 Chapter 13
Updated:
2010-06-05 13:08:28
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chapter blw blw
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Chapter 13 terms
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  1. Violations of Statutes?
    the courts will not enforce agreements declared illegal by statute
  2. what are licensing statutes? what are the two types?
    require formal authorization to engage in certain trades, professions, or businesses

    two types; revenue + regulatory
  3. what is a regulatory license?
    licensing statute that is intended to protect the public against unqualified persons; an unlicensed person may not recover for services he/she has performed
  4. what is a revenue license?
    licensing statute that seeks to raise money; an unlicensed person may recover for services he/she has performed
  5. what does a gambling statute do?
    prohibit wagers, which are agreements that one party will win and the other lose depending upon the outcome of an event in which their only interest is the gain or loss
  6. what does an usury statute do?
    establish a max rate of interest
  7. what do sunday statutes do? what are they also known as?
    prohibition of certain types of commercial activity on Sunday

    aka blue laws
  8. what is a common law restraint of trade?
    unreasonable restraints of trade are not enforceable
  9. the sale of a business is...
    the promise by the seller of a business not to compete in that particular business in a reasonable geographic area for a reasobable period of time is enforceable
  10. employment contracts are..
    an employment contract prohibiting an employee from competing with his employer for a reasonable period following termination is enforceable provided the restriction is necessary to protect legitimate interests of the employer
  11. what are exculpatory clauses?
    the courts generally disapprove of contractual provisions excusing a party from liabilit for her own tortious conduct
  12. what are unconscionable contracts and what are the two types?
    unfair or unduly harsh agreements are not enforceable

    two types; procedural and substantive
  13. what is procedural unconscionability?
    unfair or irregular bargaining
  14. what is substantive unconscionability?
    oppressive or grossly unfair contractual terms
  15. tortious conduct
    an agreement that requires a person to commit a tort is unenforceable
  16. corrupting public officials
    agreements that corrupt public officials are not enforceable
  17. unenforceability and exceptions
    neither party may recover under an illegal agreement where both parties are in pari delicto (in equal fault)

    exceptions: party withdrawing before performance, party protected by statute, party not equally at fault, excusable ignorance, and partial illegality

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