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Ch11 IllegalityContr

Chapter 11 Illegality of Contracts

TermDefinition
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.
Created by: cherman218
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