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Question 1
Settlement agreements are:
Correct
Incorrect!
Correct A settlement agreement is just one type of a contract, and therefore must meet all the requirements for a valid contract. In general, contracts need not be evidenced by a writing, except as required by statute. Also, while some settlement agreements require court approval, most do not.
Incorrect! A settlement agreement is just one type of a contract, and therefore must meet all the requirements for a valid contract. In general, contracts need not be evidenced by a writing, except as required by statute. Also, while some settlement agreements require court approval, most do not.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Frick and Frack are brothers who are constantly getting into fights. As they get older, the fights tend to be over more and more important stuff. Recently, Frick was over at Frack's house and inadvertently dropped one of Frack's prize bricks on his own foot. The fight has escalated to the point where each is now represented by an attorney and Frick is threatening to sue. Wishing to avoid a lawsuit, Frack instructs his attorney to offer Frick $15 if Frick promises not to sue. Frack's attorney is hesitant, and wonders if the settlement agreement that would be drawn up, should Frick agree (ha! Never!) would be binding. Is he right to worry?
Correct
Incorrect!
Correct Forbearing from exercising one's right to sue might constitute adequate consideration, but only if the claim is at least somewhat viable. While a doubtful claim might be alright, agreeing to give up a frivolous claim would not, and whether this suit is frivolous or not cannot be determined solely on the facts provided. While (c) might be true, we can't count on it!
Incorrect! Forbearing from exercising one's right to sue might constitute adequate consideration, but only if the claim is at least somewhat viable. While a doubtful claim might be alright, agreeing to give up a frivolous claim would not, and whether this suit is frivolous or not cannot be determined solely on the facts provided. While (c) might be true, we can't count on it!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Which of the following is NOT a traditional defense to contract which is applicable to settlement agreements?
Correct 'Conversion' is a crime which is often defined as the unlawful use of another's property when that property was lawfully in your possession. Coercion, however, is a defense to contract, as are the other answer choices.
Incorrect! 'Conversion' is a crime which is often defined as the unlawful use of another's property when that property was lawfully in your possession. Coercion, however, is a defense to contract, as are the other answer choices.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 4
The requirements for entering into a valid settlement agreement are a matter of:
Correct LOCAL laws differ among the states, and there is no federally imposed definition of consideration, etc. While federal law and the United States Constitution are powerful sources of law, most contract law is state-specific. It is therefore vital to know the law of contracts in your specific state, in order to ensure that settlement agreements drafted on behalf of your clients are valid contracts, which the local courts will enforce if need be.
Incorrect! LOCAL laws differ among the states, and there is no federally imposed definition of consideration, etc. While federal law and the United States Constitution are powerful sources of law, most contract law is state-specific. It is therefore vital to know the law of contracts in your specific state, in order to ensure that settlement agreements drafted on behalf of your clients are valid contracts, which the local courts will enforce if need be.