Question 1

If the parties disagree over what the words in a contract mean, the court will declare the contract void.

Accepted Answer

A) True 
 B)False

Question 2

What is unjust enrichment? What remedy will the courts grant if unjust enrichment is established by a plaintiff?

Accepted Answer

Unjust enrichment is an unfair benefit.

Question 3

What is the difference between a void and a voidable contract?

Accepted Answer

A void contract is one that is nullity f

Question 4

A pleas of non est factum

Accepted Answer

A)  means the contract is not correct. 
B)  is not a good defence against third parties. 
C)  can only be raised if there is a misrepresentation. 
D)  is applicable only where both parties have made a mistake. 
E)  means it is not my doing. 
A)  means the contract is not correct. 
B)  is not a good defence against third parties. 
C)  can only be raised if there is a misrepresentation. 
D)  is applicable only where both parties have made a mistake. 
E)  means it is not my doing.

Question 5

In executing its discretion to grant relief when a party makes a mistake about terms,

Accepted Answer

A)  the court will determine each party's interpretation of the terms. 
B)  the court will adopt the position of the plaintiff. 
C)  the court will correct the document. 
D)  the court will consider the hardship that will be suffered by each party. 
E)  the court will determine the burden of proof. 
A)  the court will determine each party's interpretation of the terms. 
B)  the court will adopt the position of the plaintiff. 
C)  the court will correct the document. 
D)  the court will consider the hardship that will be suffered by each party. 
E)  the court will determine the burden of proof.

Question 6

In a legal sense, mistake is

Accepted Answer

A)  an error of judgment. 
B)  narrowly defined and limited in scope. 
C)  a misrepresentation. 
D)  a mistake of fact. 
E)  a misunderstanding. 
A)  an error of judgment. 
B)  narrowly defined and limited in scope. 
C)  a misrepresentation. 
D)  a mistake of fact. 
E)  a misunderstanding.

Question 7

What is rescission. Explain how rescission relates to mistake in contract law.

Accepted Answer

Rescission is an order of the court that

Question 8

Rectification will be ordered where

Accepted Answer

A)  the parties wish to change certain terms in the contract. 
B)  the offeror misrepresented certain facts. 
C)  one of the parties to the contract lacks legal capacity. 
D)  the wrong party performs the contract. 
E)  there is a complete unambiguous agreement that was recorded incorrectly. 
A)  the parties wish to change certain terms in the contract. 
B)  the offeror misrepresented certain facts. 
C)  one of the parties to the contract lacks legal capacity. 
D)  the wrong party performs the contract. 
E)  there is a complete unambiguous agreement that was recorded incorrectly.

Question 9

The most fundamental mistake that radically changes the nature of the bargain of the parties is a mistake about the existence of the subject matter of the contract.

Accepted Answer

A) True 
 B)False

Question 10

The law recognizes two kinds of mistakes. These are .

Accepted Answer

A)  mistake about the terms of a contract and mistakes in assumptions about important facts related to the contract 
B)  errors of judgment and recklessness in tort 
C)  errors of judgment in tort and innocent criminal errors 
D)  forgetfulness and recklessness 
E)  unknowing errors and knowing errors 
A)  mistake about the terms of a contract and mistakes in assumptions about important facts related to the contract 
B)  errors of judgment and recklessness in tort 
C)  errors of judgment in tort and innocent criminal errors 
D)  forgetfulness and recklessness 
E)  unknowing errors and knowing errors

Question 11

What is rectification? Explain its use by courts in situations involving mistake in law.

Accepted Answer

Rectification is the correction of a wri

Question 12

Michael obtained rectification in a court settlement. Now he can

Accepted Answer

A)  abandon his claims on the original contract. 
B)  resume the contract negotiations. 
C)  require that the other party perform its contract. 
D)  exercise choices under the concept of voidability. 
E)  collect any damages requested. 
A)  abandon his claims on the original contract. 
B)  resume the contract negotiations. 
C)  require that the other party perform its contract. 
D)  exercise choices under the concept of voidability. 
E)  collect any damages requested.

Exam 8: Grounds Upon Which a Contract May Be Impeached: Mistake

If the parties disagree over what the words in a contract mean, the court will declare the contract void.

What is unjust enrichment? What remedy will the courts grant if unjust enrichment is established by a plaintiff?

What is the difference between a void and a voidable contract?

A pleas of non est factum

In executing its discretion to grant relief when a party makes a mistake about terms,

In a legal sense, mistake is

What is rescission. Explain how rescission relates to mistake in contract law.

Rectification will be ordered where

The most fundamental mistake that radically changes the nature of the bargain of the parties is a mistake about the existence of the subject matter of the contract.

The law recognizes two kinds of mistakes. These are .

What is rectification? Explain its use by courts in situations involving mistake in law.

Michael obtained rectification in a court settlement. Now he can

Law and Society

The Machinery of Justice

The Law of Torts

Professional Liability

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration, and Intention to Create Legal Relations

Formation of a Contract: Capacity to Contract and Legality of Object

Grounds Upon Which a Contract May Be Impeached: Misrepresentation, Undue Influence, and Duress

The Requirement of Writing

The Interpretation of Contracts

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

The Effect of Breach

Remedies for Breach

Sale of Goods

Leasing and Bailment

Insurance and Guarantee

Agency and Franchising

The Contract of Employment

Negotiable Instruments

Intellectual Property

Interests in Land and Their Transfer

Landlord and Tenant

Mortgages of Land and Real Estate Transactions

Sole Proprietorships and Partnerships

The Nature of a Corporation and Its Formation

The Internal Affairs of Corporations

The External Responsibilities of a Corporation

Secured Transactions

Creditors Rights

Government Regulation of Business

International Business Transactions

Electronic Commerce

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