Refer to Fact Pattern 22-1

question 65

Multiple Choice

Refer to Fact Pattern 22-1. A court would most likely rule that the agreement between Bodycare and Deja Vu is

• A)a deal that neither restrains trade or harms competition.
• B)a legal restraint of trade.
• C)a per se violation of the Sherman Act.
• D)subject to analysis under the rule of reason.

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Definitions:

Misrepresentation

The act of providing false or misleading statements that induce someone to enter into a contract.

Fraudulent

Involving deceit, trickery, or breach of confidence, intended to gain an unfair or unlawful advantage.

Tort Of Deceit

A legal wrong involving the intentional misrepresentation of fact, with the aim of making someone rely on it to their detriment.

Non Est Factum

“It is not my act”—grounds for a court to declare a contract void because a party is unaware of the nature of the contract.