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36) Which of the following is true once a guardian has been appointed for a person who has been adjudicated insane? A) If a person has been adjudicated insane and has a guardian appointed, that person has no capacity to enter into contracts and any contract he does attempt to enter into is void. B) If a person has been adjudicated insane and has a guardian appointed, that person retains capacity to enter into contracts so long as the other party to the contract is aware of the insanity issue. C) If a person has been adjudicated insane and has a guardian appointed, that person has no capacity to enter into contracts and any contract he does attempt to enter into is voidable. D) If a person has been adjudicated insane and has a guardian appointed, that person retains capacity to enter into contracts so long as the other party to the contract is aware of the guardian’s status. E) If a person has been adjudicated insane and has a guardian appointed, that person retains capacity to enter into contracts so long as the other party to the contract is aware of the guardian’s status and also the insanity issue. 37) If a contract is disaffirmed due of intoxication, which of the following statements is true? A) Any party other than the intoxicated person must be returned to the condition he or she was in at the time the contract was entered into. B) So long as the contract was objectively fair, neither party must be returned to the condition he or she was in prior to the time the contract was entered into. C) Each party to the contract must return the other to the condition he or she was in at the time the contract was entered into. D) The intoxicated person must be returned to the condition he or she was in at the time the contract was entered into, but that is not true for any other party. E) So long as the contract was subjectively fair in the opinion of the intoxicated party, neither party must be returned to the condition he or she was in prior to the time the contract was entered into. 38) Because ________ does not favor intoxication, the courts tend to be unsympathetic to intoxicated parties and will fairly liberally interpret behavior that seems like ratification as ratifying the contract. A) Public policy B) Medical literature C) Popular opinion D) Morality E) Religion 39) Which of the following is true regarding an agreement to commit a crime or a tort? A) An agreement to commit a crime is unenforceable, and an agreement to commit a tort is unenforceable unless a privacy tort is involved in which case the agreement is enforceable. B) An agreement to commit a crime is unenforceable, and an agreement to commit a tort is unenforceable. C) An agreement to commit a crime is enforceable and deemed legal so long as the substance of the agreement was deemed a crime after the agreement was entered into, but an agreement to commit a tort is unenforceable. D) An agreement to commit a tort is enforceable, but an agreement to commit a crime is unenforceable. E) An agreement to commit a crime is unenforceable, and an agreement to commit a tort is unenforceable unless a business tort is involved in which case the agreement is enforceable. 40) If a legal contract is formed and the subject of the contract then becomes illegal under a new statute, the contract is ________. A) Executory B) Executed C) Disregarded D) Discharged E) Enforced  Â

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