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May he disaffirm after he reaches his majority? How may such disaffirmance be expressed?

60. What is the opinion of court on the disaffirmance by an infant of an executed contract? Must he return what he has received?

61. In what cases may the plea of infancy be made by another than the infant?

62. How and when may an infant ratify his contracts? May he ratify only that part of the contract beneficial to him? If he has bought property on credit or for cash and it is lost, what may the infant do? Must he stand the loss?

63. Is an insane person liable for his contracts, or are they void or voidable.

64. What contracts could a person insane on only one subject disaffirm?

65-8. When may a contract made with an insane person be upheld? If the insane person is under guardianship, may his contracts be enforced? Is he liable for necessaries furnished himself, his wife or his children, and is he liable for repairs to his house.

69. What degree of insanity is necessary to render contracts unenforcible? May a deaf and dumb person make a contract?

70. When and how may an insane person disaffirm his contracts? In what cases may his guardian or personal representatives disaffirm?

71–3. Must an insane person return the consideration received when he disaffirms his contract? How and when may he ratify a contract? Upon whom is the burden of proving the sanity of the party?

74. Are the contracts of a drunken person voidable. Is slight intoxication sufficient ground for attempting to avoid a contract?

75-6. Is a drunken person liable for necessaries? To what extent? Who decides whether the purchases were or were not necessaries? Is he liable on his quasi-contracts?

77–8. If he is under guardianship, are his contracts enforcible, void or voidable? Can the bona fide holder of the promissory note of a drunken man recover on it?

79. How and when may he ratify or disaffirm his. contracts? If he disaffirms, must he return the consideration? Does failure to disaffirm constitute ratification?

Discuss the

80. What are the two classes of aliens? various laws in regard to these two classes. What enforcible contracts may they make?

81. At common law, could a married woman make a valid contract? Can she do so by statute. If her husband is civilly dead, is her right changed? Could a married woman recover for personal services? What steps would the husband have to take to set up his rights instead?

82. What contractual rights has a corporation? Can it act through its own person?

CHAPTER IV

THE CONTRACT ITSELF

83. What are the vital features of offer and acceptance? What must the acceptance not do?

84. If the offer is sent by mail or telegraph, what is the rule?

85. Must the party to whom the offer is made be ascertained? If an offer can be and is made to the public,

when does a contract arise? Must the party performing the service have knowledge of the offer?

What

86. When may an offer be revoked? How may it be revoked? Is the mode of revocation material? is the rule when the revocation is sent by mail?

87. Define consideration. What is its importance? Is its amount important? In what kind of contract is consideration presumed? In this kind of contract may the fact of no consideration ever be set up?

88. State some considerations considered sufficient in law. If the consideration fails, can an action be supported on the promise? Give an example. Is an illegal consideration good to support a promise? What is past consideration, and what is its effect? Give an example of unreal consideration.

89. What is the Statute of Frauds? When was it passed and what are its important provisions?

90. What contracts must be in writing? State five and explain.

91. What may constitute the "writing"? Does the Statute of Frauds make the contract itself void or voidable?

92. What are the provisions of the statute in regard to the sales of personal property? Give the English rule and state the modified rules adopted generally in the United States. To what kind of contracts is this section not applicable? Define "goods, wares, and merchandise." Define corporeal and incorporeal property and give examples of each. Give the classification for each of the following: annual crops, perennial crops, stocks, bonds, etc.

CHAPTER V

VOID AND VOIDABLE CONTRACTS

93. If the object of an agreement is illegal, does a contract result, and is it enforcible at law? Give some examples of illegal contracts.

94-6. Are wagering contracts illegal? Were they enforcible at common law? Define a wagering contract. When are contracts for the sale and delivery of commodities at a future time (Board of Trade contracts) illegal? What determines their legality? What is meant by usury? What is the rule in regard to usurious contracts?

97. What is meant by "restraint of trade"? When are contracts in restraint of trade illegal? Why? In what may the restraint lie?

98. What is an unlawful combination? May the dealers in staple commodities combine to raise prices or restrain production? May workmen combine to control the price of their labor?

99. May a valid contract be made on Sunday? What contracts made on Sunday are generally accepted as valid? To what may the word "necessity" apply?

100. Why is a contract made in derogation of marriage held void? What is the rule in respect to marriage brokerage contracts?

101. Is a contract made in violation of established rules of morality void? What difference does past consideration or a sealed contract make in such cases? 102. When is a contract to defraud a third party invalid?

103. May a common carrier make a contract in which

it is exempted from liability for negligence? If not, why not?

104. What is the effect of illegality in a contract, if there is but a single promise? If there are several promises and some of them legal? In the latter case would all or part or none of the contract be enforcible?

105. What is the importance of reality of consent? 106. State the subdivisions of the two classes of mistake, mistake of law and mistake of fact. What kinds of mistake avoid the contract? Give examples. What kinds of mistake do not avoid the contract? What is the remedy in case of a mistake?

107. In what contracts does even an innocent misrepresentation affect the validity of the contract? Does it make the contract void or voidable? When does misrepresentation amount to fraud, and what is its effect? State the requisites of fraud. In case of fraud what duty lies upon the innocent party?

108. Define undue influence and state its effect on a contract.

109. Define duress. What is its effect?

CHAPTER VI

OPERATION AND INTERPRETATION OF CONTRACTS

110. Give a contract in which a third person may be held liable as well as the principals. When may a third party make himself liable in tort in regard to the contract? Is this rule applicable only to questions of master and servant?

111. May a third party recover on a contract made for his benefit? What is the English rule? The New York rule?

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