Exam (elaborations)
BLAW 341 Final Exam Kaplan Questions and Answers 100% Solved | Graded A+
BLAW 341 Final Exam Kaplan Questions
and Answers 100% Solved | Graded A+
Mitigation of Damages - A rule requiring a plaintiff to have done
whatever was reasonable to minimize the damages caused by the
defendant.
Violations of Statutes - This means that if there is a state law that says
you ca...
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BLAW 341 Final Exam Kaplan Questions
and Answers 100% Solved | Graded A+
Mitigation of Damages - ✔✔A rule requiring a plaintiff to have done
whatever was reasonable to minimize the damages caused by the
defendant.
Violations of Statutes - ✔✔This means that if there is a state law that says
you cannot do something, you cannot enter into a contract to sell it.
Licensing Statutes - ✔✔Every jurisdiction has laws requiring a license for
those who engage in certain trades, professions, or businesses
Revenue License - ✔✔Does not seek to protect against incompetent or
unqualified practitioners but serves simply to raise money
Alcoa Concrete & Masonry v. Stalker Bros. - ✔✔There were these
contracts. The stalker bros hire a concrete to do work for them. Well pay
them 50,000 dollars to pour concrete and they go back to stalker brothers
and they go to the job and pay us. The bros said that they are unlined and
said that they were not going to pay. Alcoa was unlicensed but they were
required to pay them. As an expert in the field, they should have known.
1
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,Gambling Statutes - ✔✔Every single state has legal and illegal gambling.
Casinos and lottery are legal. If we enter into a contract with this fuel sports
deal it is binding.
Some states have regulated gambling
Lottery
Horseracing
Casinos
Sports Betting
Usury Statutes - ✔✔a law establishing a maximum rate of permissible
interest for which a lender and borrower of money may contract
Violations of Public Policy - ✔✔You cannot violate public policy. If a
contract forces someone to eat ham who does not eat ham, it would be a
violation to public policy.
Common Law Restraint of Trade - ✔✔Restraint of trade is any contract or
agreement that eliminates or tends to eliminate competition or otherwise
obstructs trade or commerce
2
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.
, the law loves free markets. Courts really do not like it when there is a
contract that restains trade.
Covenant Not to Compete - ✔✔A contractual promise of one party to
refrain from conducting business similar to that of another party for a
certain period of time and within a specified geographical area.
Exculpatory Clauses - ✔✔release a party from liability in the event of
monetary or physical injury no matter who is at fault. Even if the party was
negligent.
What does Exculpatory Clauses not cover? - ✔✔Recklessness, intentional
damages.
Unconscionable Contracts - ✔✔unfair or unduly harsh agreements are not
enforceable
Adhesion Contracts and Unconscionability - ✔✔Adhesion contracts are
written exclusively by one party and presented to the other party on a take-
it-or-leave-it basis.
Procedural Unconscionability - ✔✔unfair or irregular bargaining
Substantive Unconscionability - ✔✔oppressive or grossly unfair contractual
terms
3
©JOSHCLAY 2024/2025. YEAR PUBLISHED 2024.