Exam 14: A: Mistakes,fraud,and Voluntary Consent

Fact Pattern 14-B1 Gert contracts to sell two tracts of land to Hank.Both parties believe that the two tracts are adjacent,but in fact they are not.Gert is still willing to sell the land,but under these circumstances the deal would adversely affect Hank. -Refer to Fact Pattern 14-B1.The parties' belief about the adjacency of the property is

Safron threatens physical harm-"you don't want anything to happen to you or your family"-to force Tivoli to sell his business,Umbrellas Unlimited,Inc. ,to Safron for a below-market price.This is

Roc buys a farm from Steve,who claims that it would be a prime site for a housing subdivision.Roc later learns that the law does not permit the land to be used for housing.Roc may

Fact Pattern 14-B3 In selling a house,Robin tells Destry that the wiring and plumbing are of a certain quality.Robin knows nothing about the quality,but it is not as she specifies.Destry buys the house. -Refer to Fact Pattern 14-B3.On learning the truth,Destry confronts Robin,who says she was not trying to fool him-she was only trying to make a sale.This is

Fact Pattern 14-B1 Gert contracts to sell two tracts of land to Hank.Both parties believe that the two tracts are adjacent,but in fact they are not.Gert is still willing to sell the land,but under these circumstances the deal would adversely affect Hank. -Refer to Fact Pattern 14-B1.Because of the parties' belief about the adjacency of the property,their contract is

Genie.com initiates an online dating service.To attract subscribers and encourage participation,Genie.com creates and posts profiles of fictitious persons and exaggerated profiles of actual users.Fooled by the false profiles,Ham buys a subscription.He is most likely a victim of

Flem sells an all-terrain,off-road vehicle to Esteban without disclosing that the odome?ter,which reads 30,000 miles,was disconnected 50,000 miles ago.Flem is most likely liable for

If the subject matter of a contract turns out to be more valuable than one of the parties believed it would be,that party can rescind the contract.

To recover for fraud,a plaintiff must be under twenty-one years of age.

Even if an obvious,significant clerical error exists in a written contract,the contract is enforceable.

Justifiable reliance is an element of fraud.

Generally,a unilateral mistake affords the mistaken party a right to relief from the contract.

An innocent misrepresentation is not a basis for rescinding a contract.

Rowan,a famous chef,sells to Patricia a restaurant that Rowan closed years ago.Patricia discovers in the restaurant a collection of Rowan's recipes,which are considered valuable.In a suit to obtain the recipes,Rowan will likely

Cooper offers to sell Gable his sport utility vehicle (SUV)and says that it has never been in an accident.Relying on Cooper's statement,Gable buys the SUV.Later,when it develops mechanical problems,Gable can

Dale files a suit against Eve,alleging her fraud in entering into a con?tract with him.Proof of an injury is required

Scienter refers to a material fact's scientific basis.

A contract entered into under undue influence is voidable.

Yvon,a golf pro,convinces Zach,who has no athletic ability,that he has considerable talent and induces him to pay Yvon $10,000 for golf lessons.When Zach realizes the truth,he files a suit against Yvon.Zach is most likely to recover on the basis of

To reform a contract is to rescind it.