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Ch11 IllegalityContr
Chapter 11 Illegality of Contracts
Term | Definition |
---|---|
allocation of markets | occurs when competitors divide markets between themselves, ex: Ford dealers in a state agree that they will not sell to residents outside of the county where their dealership is located, this eliminates price competition and injures the consumer |
Wager | a bet |
unconscionable contract | grossly unfair contract for the sale of goods |
revenue license | licensing statute that seeks to raise money; an unlicensed person may recover for services he has performed |
compounding a crime | accepting something of value for a promise not to inform on or prosecute a suspected criminal |
legal rate of interest | Rate specified by statute when interest is called for but no percentage is stated in the contract |
usury | Charging interest on a loan, esp. charging illegally high or excessive interest |
procedural unconscionability | Gross unfairness in how a contract is created |
price fixing | an agreement between two or more firms on the price they will charge for a product |
resale price maintenance | price fixing imposed by a manufacturer on wholesale or retail resellers of its products to deter price-based competition |
bid rigging | Competitors who bid on jobs agree that one bidder will have the lowest bid for a particular job |
gambling | Involves an agreement with three elements: payment to participate, a chance to win based on luck rather than skill, and a prize for one or more parties. |
small loan rate of interest | higher interest rate that loan companies and pawnbrokers may charge |
substantive unconscionability | Where the terms of the contract are unreasonably favorable to one party: grossly excessive price, grossly disproportionate consequences for a minor breach, provisions binding one party that do not bind the other |
competency license | state requirement for people in certain occupations and businesses to pass exams and receive a license |
covenants not to compete | a promise not to engage in a competing business/profession (only legal if in reasonable scope, time and geographic area) |
divisible contracts | contracts for which seperate consideration is given for the legal and illegal parts |
maximum rate of interest | Rate of interest at which, by statute, lenders may not exceed. |
restitution | Compensation for loss or injury |
Indivisible Contract | The contract needs to be fulfilled completely before it is finished. In other words, there are no parts the contract can be divided into. |