Exam 14: Voluntary Consent

Discuss whether silence can constitute fraud.

In case of duress, there is no voluntary consent if:

Misrepresentation can result from negligence on the part of the misrepresenter.

The basic idea of misrepresentation is that one of the parties to a contract created in the mind of the other party a mistaken impression about an important fact or facts concerning the subject of the contract.

All the elements of misrepresentation and the fact that the misrepresentation was knowingly made with an intent to deceive, have to be established to prove _____.

Jimmy sells an old station wagon to Mary and tells her that it is in excellent condition. He did not bother to verify the statement of the previous owner that the car was making strange noises. Under these circumstances, Mary could best contest the agreement on the grounds of _____.

After Julie's death, her children discovered that she had sold her house a week prior to her death to her niece, Yolanda, for $50,000. Julie lived the last ten years of her life in Yolanda's house, under her care. The market value of the house at the time of the sale was $500,000. Julie's children may attempt to have the sale set aside, arguing that it was the product of _____.

The courts generally infer an intent to deceive from the fact that the defendant knowingly made a misstatement to a plaintiff who was likely to rely on it.

What is "fraud in the execution?"

_____ involves misstatements about the content or legal effect of something usually contained in a form or preprinted contract.

Fraud is negligent misrepresentation.

Simon put $5,000 worth of stocks and bonds into an asset management account at Fido Investments. One month later, his account statement indicated that he had a balance of $5 million. Simon quickly withdrew this amount from his account and put it into a Swiss bank account. Can Fido rescind its payment of $5 million to Simon on the grounds of mistake?

When Steve convinces Tom to buy a pre-owned car from him while withholding the fact that the car has a significant mechanical problem, it indicates _____.

Even if the facts and circumstances surrounding a case indicate that the parties reached an agreement, that agreement must be voluntary to be enforceable.

Will wants to sell a car to Timothy. Will tries to convince Timothy that it is a good buy. Will lies by telling him that the car has 10 months of free service left in order to convince him to buy it. The car actually has only 2 months of service left. Which of the following is true in this scenario?

Which of the following is true about contracts that pertain to sales of real estate?

Which of the following statements is true for duress?

Explain the remedy for lack of consent, and who can assert it.

The idea that a contract is a voluntary agreement between the parties is the basis of contract law.

Discuss the need for "real consent" as it relates to the creation and enforcement of a contract.