Exam 16: Legality and Public Policy

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Fees charged by a lender for the reasonable expense of making a loan, such as the cost of appraising property, are treated as interest for purposes of the usury law.

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False

A noncompetition covenant may be held invalid because of vagueness concerning the duration and geographic area of the restriction.

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True

The failure to have a license will not render agreements void if the license:

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D

Today, what is an important element in determining the validity of a contract?

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An illegal provision in a contract:

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One element involved in the determination of unconscionability is:

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If a contract can be interpreted in two ways, one legal and the other illegal, the court will assume that the legal meaning was intended unless the contrary is clearly indicated.

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A provision in a contract that gives what the court believes is too much of an advantage over a buyer may be held void as unconscionable.

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Legislation commonly requires that an installment-sale contract specify the cash price, down payment, finance charges, and insurance costs.

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An agreement not to compete is enforceable:

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If a contract appears to be legal on its face, it will be enforceable even if it was entered into for an illegal purpose.

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Penalties for violating usury laws are uniform from state to state.

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Which of the following is not illegal?

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When money is loaned at a greater rate of interest than is allowed by law, __________ is committed.

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An agreement between Jim and his 18-year-old daughter, Betty, provides that he will give her $25,000 if she does not marry until after her 22nd birthday. One month after reaching the age of 22, Betty, still unmarried, claims the $25,000. Jim refuses to pay, claiming that the agreement was illegal. Is Jim correct?

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An agreement to slander a third person would not be enforceable because slander is a(n):

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An unlicensed doctor can sue a patient for the doctor's fee if the patient in fact recovered because of the doctor's care.

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Ordinarily, a court will not consider whether a contract is fair or unfair.

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Which party to an illegal agreement may get relief from the court?

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Courts are quick to invalidate contracts on the ground that they are contrary to public policy because such contracts are so offensive to society.

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