Requirements of a Contract Include Capacity of the Parties to Contract

question 55

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) 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.
• C) 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.
• D) If an adult cannot sue the other party to the contract because he is a minor, neither can the infant sue the adult.
• E) 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.

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Definitions:

Aptitude-Treatment Interaction

A theory suggesting that different instructional approaches are more effective for individuals with different aptitudes.

Instructional Method

Techniques or approaches used in teaching to facilitate learning, such as lectures, discussions, simulations, or collaborative projects.

Aptitude

A natural ability to do something or to learn something.

Flipped Classroom

An instructional strategy where traditional learning environments are inverted, with learners first gaining exposure to new material outside of class.