Exam 13: Genuineness of Assent and Undue Influence

A unilateral mistake occurs if both parties know the object of the contract but are mistaken as to its value.

In which of the following cases of assent is the rescission of a contract unenforceable?

Predictions about the future generally do not form the basis for fraud.

How is a mistake different from fraud?

________ is a situation in which one party threatens to do a wrongful act unless the other party enters into a contract.

Melissa Harrison,a realtor,sells a house to the Smiths.Before the sale is finalized,Mr.Smith asks Melissa for details of repairs the house has undergone over the years.Melissa gives him details of minor repairs but hides all documents regarding a major plumbing defect that was repaired last year.Three months after the Smiths moved in,the defect reappeared flooding the first floor,damaging their expensive carpet and furniture.Melissa is liable for which of the following frauds?

What should be shown to prove fraud?

Kevin goes to the store to purchase a fully-automatic washing machine.He browses through several models of washing machines,but does not let the salesperson know that he wants a fully-automatic model.While signing the sales contract,he does not notice that the model he is purchasing is a semi-automatic machine.After purchase,which of the following options does Kyle have?

Gary and Mary are siblings involved in a legal tangle over who gets possession of their ancestral home.Gary threatens to kill Mary's husband if she does not sign papers declaring Gary's sole ownership of their home.This is an instance of ________.

________ is an action to undo a contract.

Millie receives a parcel from her aunt in Indonesia.The delivery man asks her to sign an authorization document to receive the parcel.Millie signs without reading the document,as she is in a hurry.However,on the other side of the document are contract terms that transfer all of Millie's property to the delivery man.This is an instance of ________.

The measure of damages from a misrepresentation is ________.

Harry finds an old stereo in his attic.He sells the stereo to Jake for $50 telling him that it is fully functional,which Jake thinks is true.However,it turns out to be broken.Which of the following statements is true in this context?

In most cases of a unilateral mistake,the mistaken party is permitted to rescind the contract.

What is physical duress?

Heather chooses to buy a scarf at Macy's and reads the price on the tag as $50.She uses her credit card to pay for the scarf,but post-purchase,she notices that the price tag actually says $500.This is an instance of a(n)________.

A material fact is a fact that is irrelevant to the subject matter of a contract but pertains to the conduct of the parties.

Which of the following is not actionable as fraud?

Which of the following is true of undue influence in entering contracts?

Jeffrey became a victim of fraud when he entered a pyramid scheme which turned out to be a scam.In order to claim damages,Jeffrey has to prove which of the following?