Marino Chpt17 Word Scramble
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| Question | Answer |
| Legal Assent | Promise to buy or sell courts will require parties to obey |
| Mistake | Erroneous beliefs regarding material facts of contract at time agreement made |
| Unilateral Mistake | Mistake made by one contracting party; generally, contract still binding |
| Mutual (Bilateral) Mistake | Mistake made by both parties; if mutual mistake of material (significant) fact, either party can rescind contract |
| Fraudulent Misrepresentation | Intentional, untruthful assertion of material fact by contracting party; aggrieved party can rescind contract, and sue for damages |
| Negligent Misrepresentation | Negligent, untruthful assertion of material fact by contracting party; aggrieved party can rescind contract, and sue for damages |
| Undue Influence | Persuasive efforts of dominant party, who uses special relationship to interfere with other’s free choice of terms |
| Duress | Occurs when one party threatens other with wrongful act unless assent given |
| Unconscionability | Occurs when one party has so much relative bargaining power that he/she effectively dictates terms of contract, resulting in situation where dominated party, in essence, lacks free will |
| adhesion contract | an Unconscionable contract and cannot be basis for avoiding contract |
Created by:
tinafici
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