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28. Intoxicated but still capable of comprehending the consequences of her actions, Celia signs a contract to sell her phone app design to Uploads, Inc. This contract is

a. unenforceable because Celia was intoxicated.

b. enforceable.

c. unenforceable if Celia disaffirms it.

d. unenforceable if Uploads disaffirms it.

29. A court adjudicates Leo mentally incompetent and appoints Kelly to be his guardian. Later, without Kelly's knowledge, Leo signs a contract to sell his lake cabin to Larry for its real market value. The contract is

a. enforceable if Leo comprehended the consequences.

b. enforceable if Leo knew the market value of the farm.

c. enforceable if Leo has been recorded to be the owner of the cabin.

d. void.

30. Barbara, a real estate broker licensed only in Maine, concludes a land sale in New Jersey. She can

a. collect the commission if it has not been paid.

b. keep the commission if it has already been paid.

c. foreclose on the property to obtain any unpaid amount.

d. not collect the commission, keep it, or foreclose on the property.

31. Oley signs a covenant not to compete with her employer, Pandanada. A court decides that the covenant is overly restrictive. Depending on the jurisdiction, the court will likely

a. enforce it as written so as not to undercut the freedom of contract.

b. enforce it but evaluate its effects over time.

c. reform its terms to prevent any undue burden.

d. refuse to enforce it unless Pandanada pays a fine to the court.

Fact Pattern 14-1 (Questions 32-33 apply)

Candida Strip Mall requires its tenants to sign a lease that includes a clause releasing Abco Cards and Things from liability in the event of monetary or physical injury no matter who is at fault. Marco's Video Center signs a lease with Candida Strip Mall that contains the clause.

32. Refer to Fact pattern 14-1. This clause is

a. a covenant not to compete.

b. an adhesion contract.

c. an exculpatory clause.

d. an illusory promise.