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Kubasek Quiz 10

Kubasek Chapter 10 Quiz

QuestionAnswer
Major obstacles to genuine assent include all of the following? Mistake, Undue Influence, Duress
A __________ mistake is the result of an error by one party about a material fact. Unilateral
A __________ mistake is an error made by both parties to the agreement. Mutual
All of the following conditions would permit a court to invalidate a contract on the grounds of unilateral mistake? One party made a mistake about a material fact, and the other party either knew or had reason to know about the mistake. The mistake was caused by a clerical error that did not result from gross negligence.
For a mutual mistake to interfere with legal consent, it must involve all of the following? A basic assumption about the subject matter of the contract An adverse effect on a party who did not agree to bear the risk of mistake at the time of the agreement
A __________ is an untruthful assertion by one of the parties about a material fact Misrepresentation
A(n) __________ results from a false statement about a fact material to an agreement that the person making the statement believed to be true. Innocent misrepresentation
The essential elements of fraud include all of the following? A false statement about a past or existing fact that is material to the contract. Intent to deceive Justifiable reliance on the false statement by the innocent party to the agreement
__________ is present when the party accused of making the fraudulent assertion believed that the assertion was false or made the claim without any regard for whether it was true or false. Scienter
__________ refers to those special relationships in which one person has taken advantage of his or her dominant position in a relationship to unduly persuade the other person. Undue influence
Created by: tinafici