Exam 12: Genuineness of Assent and Statute of Frauds

In which of the following situations does a party have a duty to disclose all of the relevant facts to the other party,thereby creating the possibility of a fraud by concealment claim?

Negligent misrepresentation is commonly referred to as fraudulent misrepresentation.

Undue influence can occur when both parties are equal in mental,emotional and physical strength.

Gifts and donations to religious organizations are exempt from ever being considered as given under undue influence.

At the end of her junior year of undergraduate college,Melissa needed a place to live.She found an apartment that was available from May 15,2010 to August 15,2011.She already knew in April of 2010 that she would need to take a couple of classes in the summers of both 2010 and 2011.On April 20,2010,Melissa received an unsigned lease from the landlord for the period from May 15,2010 to August 15,2011.Melissa signed the lease,made a copy that she signed,and sent the original back to the landlord.The lease called for rent to be $900 per month for the entire term of the lease.Before she moved in or paid the first month's rent,the landlord told her that she had decided to raise the rent to $1,000 per month.Can Melissa sue to enforce the lease agreement at $900 per month?

Frank had a bicycle that he advertised for sale,honestly believing it to be a 1999 model even though it was actually a 1996 model.There were significant improvements in the frame material,not readily apparent,made between 1996 and 1999 to this model bicycle.The buyer believed Frank's statement that it was a 1999 model,and was excited to be getting a model incorporating the improvements.After discovering that the bike was actually a 1996 model,the buyer could avoid the contract on the basis of:

A contract that is entered into because of undue influence is ________.

In Wells Fargo Credit Corporation v.Martin,what was the result when a paralegal misread her instructions and bid lower on some foreclosed property than she was supposed to bid,and someone else bought the property at auction?

In a situation where one party to a contract has lied about the subject matter in order to entice the other party to enter into a contract,the type of fraud that would most likely be present is:

In a situation involving undue influence,the dominant party is known as the servient party.

What is the general purpose of the Statute of Frauds?

Parol evidence may be admitted in court if it shows that a contract is void or voidable.

The owner of a gym tells Ruppert that if he joins the gym for a year and hires a personal trainer,his body will be more attractive to women and his life will change forever.Ruppert joins and hires a personal trainer,but otherwise his life remains the same.The statements of the gym owner could be described as:

Fraud in the inception is also known as fraud in the inducement.

A contract to purchase a $399 television must be in writing in order to be enforceable.

In Krysa v.Paine,where Paine's Car Company was found to have committed fraud in the sale of a truck to Krysa,what did the court rule regarding the punitive damages award?

The parol evidence rule would prevent a court from hearing oral evidence about a matter that took place prior to the signing of a written contract if that evidence:

Both the common law of contracts and the Uniform Commercial Code (UCC)permit several writings to be ________ to form a single written contract.

A mutual mistake of fact is more likely to result in a party being able to rescind a contract than is a mutual mistake as to value.

Fred and Barney enter into a sales contract for $400.Subsequently,they modify the contract and the modification adds $400 more to the contract.Neither the original contract nor the modification need be in writing.