Exam 14: Capacity and Genuine Assent

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Generally,when a person of legal age makes a contract with a minor,the contract is voidable by either party.

(True/False)
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Certain persons cannot make contracts that will bind them.

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A unilateral mistake as to a fact does not affect the contract when the mistake is unknown to the other contracting party.

(True/False)
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An incompetent person may ordinarily avoid a contract in the same manner as a minor.

(True/False)
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A person lacks contractual capacity if:

(Multiple Choice)
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Roberta,an educated person,purchased real estate from Maurice.Roberta did not read entirely the contract that she signed.As a result,she did not notice the provision in the contract about the interest imposed on the unpaid portion of the purchase price.She refused to pay the interest specified in the contract.Maurice sued her.Could he recover?

(Essay)
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John,a 17-year-old,purchased a ping-pong table and four new ping-pong paddles.A week after he turned 18,John tried to return the ping-pong paddles.He told the seller that he had decided to keep the table.Can John avoid the contract in this way?

(Essay)
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When a minor avoids a contract to purchase a car:

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When necessary medical care is provided to a minor,a parent is liable at common law for the medical expenses provided the minor child.

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A minor cannot avoid a contract to purchase a car if the:

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Factual incapacity is imposed because of the class or group to which a person belongs.

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The obligation of a cosigner is discharged by:

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An agreement is not binding when:

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Fraud requires a misstatement of either a fact or an opinion.

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Contractual capacity is the ability to:

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Ratification consists of any words or conduct of a former minor manifesting an intent to be bound by the terms of a contract made while a minor.

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As a general rule,the nondisclosure of information that is not asked for does not impose fraud liability or impair the validity of a contract.

(True/False)
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A party who speaks with a reckless disregard for the truth not knowing of the falsity of his or her words cannot be liable for fraud.

(True/False)
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The "necessaries" of minors are precisely defined by law.

(True/False)
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A person who has drunk too much alcohol at a party and signs a contract may be able to rescind that contract.

(True/False)
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