Mistakes, Fraud, and Voluntary Consent
20 questions available
Questions
A contract that is otherwise valid may be rendered unenforceable if the parties have not genuinely agreed to its terms. Which of the following is considered a factor that can undermine voluntary consent?
View answer and explanationWhat is the key distinction between a mistake of fact and a mistake of value in contract law?
View answer and explanationIn the case of Raffles v. Wichelhaus, where two ships named Peerless were sailing from Bombay, why did the court conclude a mutual mistake had been made?
View answer and explanationWhat is the first exception to the general rule that a unilateral mistake of fact does not provide relief from a contract?
View answer and explanationWhich of the following is NOT one of the three required elements to prove fraudulent misrepresentation?
View answer and explanationWhat is the legal term for the element of fraudulent misrepresentation that signifies an 'intent to deceive'?
View answer and explanationIf a person makes a statement they believe is true but that actually misrepresents a material fact, what remedy is typically available to the aggrieved party?
View answer and explanationWhen is reliance on a misrepresentation NOT justified?
View answer and explanationTo recover damages for fraud, what must an innocent party universally prove?
View answer and explanationWhat is the essential feature of undue influence?
View answer and explanationIn the case *Roberts v. Century Contractors, Inc.*, what was the material fact about which both parties were mistaken?
View answer and explanationAccording to the ruling in *Vokes v. Arthur Murray, Inc.*, when can a statement of opinion be considered actionable as a misrepresentation of fact?
View answer and explanationWhat is the legal term for a contract written exclusively by one party and presented to the other on a take-it-or-leave-it basis?
View answer and explanationUnder what circumstances is economic duress typically found to be a valid defense against contract enforcement?
View answer and explanationWhat type of misrepresentation occurs if a party fails to exercise reasonable care in uncovering or disclosing facts, or does not use the skill their profession requires?
View answer and explanationWhat is the primary factor that courts look at to determine if a contract is procedurally unconscionable?
View answer and explanationWhen does a presumption of undue influence arise in a contractual relationship?
View answer and explanationA court remedy that allows a contract to be rewritten to reflect the parties' true intentions is known as what?
View answer and explanationIn *Simpson v. MSA of Myrtle Beach, Inc.*, the court found the arbitration clause to be substantively unconscionable because it did what?
View answer and explanationA seller's statement such as 'This car will last for years and years' is typically considered what in contract law?
View answer and explanation