Requirements of a Contract Include Capacity of the Parties to Contract

question 125

Multiple Choice

Requirements of a contract include capacity of the parties to contract, legality, and intention of the parties to be legally bound. Which of the following is False with regard to these elements?

• A) A restrictive covenant prohibiting one party to the contract from competing with the other is enforceable if it is reasonable between the parties and not contrary to public policy.
• B) The court can presume the intention of the parties to be legally bound, but a party to the contract can bring forward contrary evidence to rebut the presumption.
• C) If an adult cannot sue the other party to the contract because he is a minor, neither can the infant sue the adult.
• D) A seller that contracts with an infant cannot avoid the difficulties of enforcing the contract by suing him in tort instead of breach of contract.
• E) A person with mental incapacity might still be held to a contract even if, at the time of the contract, he didn't understand the nature and quality of his act.

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Definitions:

Ruptured Follicle

A follicle that has released its egg during ovulation, sometimes referring to the process that leads to the formation of the corpus luteum.

Endocrine Structure

Refers to any organ or gland in the body that secretes hormones directly into the blood rather than through a duct.

Oviduct

A tube through which an ovum or egg passes from an ovary, also known as the fallopian tube in females.

Corpus Albicans

A regressed form of the corpus luteum, which is a temporary endocrine structure in female ovaries.