A) knowledge that a representation is false B) undue influence used on a party to sign a contract C) another term for duress D) damages paid to a victim of a scam A) knowledge that a representation is false B) undue influence used on a party to sign a contract C) another term for duress D) damages paid to a victim of a scam

Exam 13: Genuineness of Assent and Undue Influence

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Taking advantage of another person's mental,emotional,or physical weakness and unduly persuading that person to enter into a contract constitutes duress.

(True/False)

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Question 21

A misrepresentation of a material fact is actionable as fraud only if it occurs by words.

(True/False)

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Question 22

John buys a watch for $100 at a vintage store.Later,the store learns that the watch was worn by Sean Connery in a James Bond movie and wishes to rescind the sales contract they have with John.Which of the following statements is true in this scenario?

(Multiple Choice)

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Question 23

Fraud in inducement occurs when the party does not know the terms of the contract.

(True/False)

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Question 24

What is scienter?

(Multiple Choice)

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Question 25

________ occurs when the party knows what he or she is signing but has fraudulently been led into the contract.

(Multiple Choice)

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Question 26

When Stella Finman found out that she was terminally ill,she drafted a will leaving all her property to her son.During her period of illness,Stella was financially and emotionally supported by her lawyer as her son was mostly away.When the will was read upon her death,it said that her lawyer would get a 20 percent stake in Finman Corp.,a company Stella owned.Upon investigation,it was revealed that Stella's lawyer took advantage of Stella's weakness and persuaded her to change the contractual terms.This is an instance of ________.

(Multiple Choice)

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Question 27

________ is a mistake made by both parties concerning an object that is important to the subject matter of a contract.

(Multiple Choice)

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Question 28

Which of the following constitutes duress?

(Multiple Choice)

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Question 29

When one party takes specific action to cover a material fact from another party,fraud by enticement occurs.

(True/False)

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Question 30

Innocent misrepresentation is treated as a unilateral mistake.

(True/False)

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Question 31

During the sale of a house,if the seller does not inform the buyer about construction flaws of the house despite the buyer's enquiry,the seller is liable for fraud by concealment.

(True/False)

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Question 32

A threat to bring a civil lawsuit unless someone enters into a contract constitutes duress.

(True/False)

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Question 33

Unilateral mistake is a mistake in which only one party is mistaken about a material fact regarding the subject matter of a contract.

(True/False)

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Question 34

________ is an event that occurs when one person consciously decides to induce another person to rely and act on a misrepresentation.

(Multiple Choice)

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Question 35

An action to undo a contract is called restitution.

(True/False)

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Question 36

Physical duress occurs when there is physical harm to the contractual document,such as complete or partial destruction or manipulation of content.

(True/False)

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Question 37

If there is a confidential relationship between two people,any contract made by the servient party that benefits the dominant party is presumed to be entered into under undue influence.

(True/False)

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Question 38

Mistakes in clerical or mathematical errors that are not the result of gross negligence are considered unilateral mistakes.

(True/False)

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(70)

Question 39

If a seller does not disclose legal disputes involving the property being sold,he or she is liable for silence as misrepresentation.

(True/False)

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(65)

Question 40

Showing 21 - 40 of 80

Exam 13: Genuineness of Assent and Undue Influence

Taking advantage of another person's mental,emotional,or physical weakness and unduly persuading that person to enter into a contract constitutes duress.

A misrepresentation of a material fact is actionable as fraud only if it occurs by words.

John buys a watch for $100 at a vintage store.Later,the store learns that the watch was worn by Sean Connery in a James Bond movie and wishes to rescind the sales contract they have with John.Which of the following statements is true in this scenario?

Fraud in inducement occurs when the party does not know the terms of the contract.

What is scienter?

________ occurs when the party knows what he or she is signing but has fraudulently been led into the contract.

________ is a mistake made by both parties concerning an object that is important to the subject matter of a contract.

Which of the following constitutes duress?

When one party takes specific action to cover a material fact from another party,fraud by enticement occurs.

Innocent misrepresentation is treated as a unilateral mistake.

During the sale of a house,if the seller does not inform the buyer about construction flaws of the house despite the buyer's enquiry,the seller is liable for fraud by concealment.

A threat to bring a civil lawsuit unless someone enters into a contract constitutes duress.

Unilateral mistake is a mistake in which only one party is mistaken about a material fact regarding the subject matter of a contract.

________ is an event that occurs when one person consciously decides to induce another person to rely and act on a misrepresentation.

An action to undo a contract is called restitution.

Physical duress occurs when there is physical harm to the contractual document,such as complete or partial destruction or manipulation of content.

If there is a confidential relationship between two people,any contract made by the servient party that benefits the dominant party is presumed to be entered into under undue influence.

Mistakes in clerical or mathematical errors that are not the result of gross negligence are considered unilateral mistakes.

If a seller does not disclose legal disputes involving the property being sold,he or she is liable for silence as misrepresentation.

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