BLW 201 Chapter 13
Home > Preview
The flashcards below were created by user
on FreezingBlue Flashcards.
Violations of Statutes?
the courts will not enforce agreements declared illegal by statute
what are licensing statutes? what are the two types?
require formal authorization to engage in certain trades, professions, or businesses
two types; revenue + regulatory
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
what is a revenue license?
licensing statute that seeks to raise money; an unlicensed person may recover for services he/she has performed
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
what does an usury statute do?
establish a max rate of interest
what do sunday statutes do? what are they also known as?
prohibition of certain types of commercial activity on Sunday
aka blue laws
what is a common law restraint of trade?
unreasonable restraints of trade are not enforceable
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
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
what are exculpatory clauses?
the courts generally disapprove of contractual provisions excusing a party from liabilit for her own tortious conduct
what are unconscionable contracts and what are the two types?
unfair or unduly harsh agreements are not enforceable
two types; procedural and substantive
what is procedural unconscionability?
unfair or irregular bargaining
what is substantive unconscionability?
oppressive or grossly unfair contractual terms
an agreement that requires a person to commit a tort is unenforceable
corrupting public officials
agreements that corrupt public officials are not enforceable
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
What would you like to do?
Home > Flashcards > Print Preview