Question

Cheap Motorcycle. Tony, a hateful, disgruntled business law professor, notices that Peter, a student who is past the age of majority, has bought a new motorcycle. Peter has struggled through school, is in his last semester, and needs to pass business law in order to graduate. Tony tells Peter that he would like to see Peter pass, and in the next sentence, Tony says that he wants to buy the motorcycle for $100, a price far below the value of the motorcycle. Peter asks if Tony is serious about the price, and Tony replies, "I have the power here!" Tony proceeds to draw up a contract for the sale of the motorcycle for $100 with lots of fine print by which he can sue Peter and recover any maintenance costs for the next five years. Seeing that he is at an advantage, Tony also throws into the deal that Peter will mow Tony's one-acre yard for $5 all summer long. After Tony tells Peter to either take the contract or leave it, Tony reluctantly signs. Which of the following is an appropriate term for the contract drawn up by Tony?
A) AdhesionB) Implied-in-lawC) IllusoryD) In pari delictoE) Exculpatory

Answer 1

Answer:

C) Illusory

Explanation:

More than an illusory contract (which means an unreasonable and non-enforceable contract), this is an unconscionable contract that no court would enforce.

This contract is so one sided that it damages the other party. The duties in clued in this contact are not enforceable because no person should be forced to do all those things just because the other party has more bargaining power.

Out of the 5 possible options the illusory contract is the only possible choice. Illusory contracts are also non-enforceable since only one side provides real consideration.