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Unformatted text preview: uses one party from liability for her own tortuous conduct.
Where one party has a superior bargaining position that has enabled him to impose an
exculpatory clause upon the other, the courts are inclined to nullify the provision.
An exculpatory clause may be unenforceable for unconscionability.
All of the above are true.
d. Which of the following is untrue regarding the contracts of incompetent persons?
An incompetent person is liable for necessaries.
Unlike a minor, an incompetent person can never ratify a contract.
To avoid a contract, a person need not be permanently incompetent.
A person is competent unless he is unable to understand the nature and effect of his act. 524. Which of the following is untrue regarding the contracts of intoxicated persons?
If an intoxicated person is unable to understand the nature and consequences of his act, then the
contract is voidable.
The effect of intoxication is generally the same as that given to contracts that are voidable
because of incompetency...
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- Fall '12
- The Lottery