Question 1

Andre has made a statement that the average person would realize is puffery.Andre is guilty of:

Accepted Answer

A)  nothing. 
B)  innocent misrepresentation. 
C)  undue influence. 
D)  duress. 
E)  fraud. 
A)  nothing. 
B)  innocent misrepresentation. 
C)  undue influence. 
D)  duress. 
E)  fraud.

Question 2

Most Statutes of Frauds require leases for a term of more than ________ to be in writing.

Accepted Answer

A)  one (1) month 
B)  six (6) months 
C)  one (1) year 
D)  eighteen (18) months 
E)  three (3) years 
A)  one (1) month 
B)  six (6) months 
C)  one (1) year 
D)  eighteen (18) months 
E)  three (3) years

Question 3

If there is an ambiguity in a contract,the ambiguity will be resolved against the party who drafted the contract.

Accepted Answer

A) True 
 B)False

Question 4

Where two parties contract for the sale of an old violin,but neither party realizes that it is a rare and extremely valuable violin,this is a mutual mistake of fact allowing rescission.

Accepted Answer

A) True 
 B)False

Question 5

When one party to a contract makes a misrepresentation about the law,what is the deceived party able to do?

Accepted Answer

A)  The deceived party can usually rescind the contract. 
B)  The deceived party can usually collect damages. 
C)  The deceived party can never collect damages or rescind the contract because all parties to a contract are presumed to know the law, either on their own or by securing the services of an attorney. 
D)  The deceived party usually has no remedy unless the party making the misrepresentation of law is a professional who should know the law and has intentionally misrepresented the law to a less sophisticated party. 
E)  The deceived party can usually rescind the contract only if the contract involves an amount of over $500. 
A)  The deceived party can usually rescind the contract. 
B)  The deceived party can usually collect damages. 
C)  The deceived party can never collect damages or rescind the contract because all parties to a contract are presumed to know the law, either on their own or by securing the services of an attorney. 
D)  The deceived party usually has no remedy unless the party making the misrepresentation of law is a professional who should know the law and has intentionally misrepresented the law to a less sophisticated party. 
E)  The deceived party can usually rescind the contract only if the contract involves an amount of over $500.

Question 6

To establish undue influence,the dominant party must have unduly used his or her influence to persuade the servient party to enter into a contract.

Accepted Answer

A) True 
 B)False

Question 7

In order to be enforceable,contracts to pay debts barred by the statute of limitations must be in writing.

Accepted Answer

A) True 
 B)False

Question 8

A misrepresentation occurs when an assertion is made that is not in accord with the facts.

Accepted Answer

A) True 
 B)False

Question 9

The parol evidence rule eliminates the possibility of introducing oral evidence about a written contract regardless of the timing of the oral evidence.

Accepted Answer

A) True 
 B)False

Question 10

Undue influence occurs when one person,the ________ party,takes advantage of another person's mental,emotional,or physical weakness and unduly persuades that person,the ________ party,to enter into a contract.

Accepted Answer

A)  principal; accessory 
B)  principal; agent 
C)  dominant; servient 
D)  primary; secondary 
E)  salient; impertinent 
A)  principal; accessory 
B)  principal; agent 
C)  dominant; servient 
D)  primary; secondary 
E)  salient; impertinent

Question 11

Treble damages is a possible remedy for:

Accepted Answer

A)  fraud. 
B)  innocent misrepresentation. 
C)  duress. 
D)  undue influence. 
E)  breach of a quasi-contract. 
A)  fraud. 
B)  innocent misrepresentation. 
C)  duress. 
D)  undue influence. 
E)  breach of a quasi-contract.

Question 12

Ordinarily,silence does not constitute a misrepresentation.

Accepted Answer

A) True 
 B)False

Question 13

Parol evidence may not be admitted in court if it explains ambiguous language.

Accepted Answer

A) True 
 B)False

Question 14

Which of the following is one of the general rules of contract interpretation?

Accepted Answer

A)  Technical words are given their technical meaning, even if the contracting parties clearly intended a different meaning. 
B)  General terms are presumed to qualify specific terms. 
C)  If both parties are members of the same trade of profession, words will be given their ordinary meaning. 
D)  Preprinted words prevail over typed words. 
E)  Handwritten words prevail over both preprinted and typed words. 
A)  Technical words are given their technical meaning, even if the contracting parties clearly intended a different meaning. 
B)  General terms are presumed to qualify specific terms. 
C)  If both parties are members of the same trade of profession, words will be given their ordinary meaning. 
D)  Preprinted words prevail over typed words. 
E)  Handwritten words prevail over both preprinted and typed words.

Question 15

Intent to deceive is also called scienter.

Accepted Answer

A) True 
 B)False

Question 16

What is the effect of the part performance exception under the Statute of Frauds?

Accepted Answer

A)  The Statute of Frauds does not apply to a contract once performance has begun. 
B)  Courts will often order only partial performance of an oral contract that the Statute of Frauds requires to be in writing. 
C)  If one party to an oral contract involving a transfer of an interest in real property has performed, the court can order the other party to perform even though the contract is oral. 
D)  Courts will often enforce an oral prenuptial agreement against one party but not against the other. 
E)  There is no part-performance exception to the Statute of Frauds. 
A)  The Statute of Frauds does not apply to a contract once performance has begun. 
B)  Courts will often order only partial performance of an oral contract that the Statute of Frauds requires to be in writing. 
C)  If one party to an oral contract involving a transfer of an interest in real property has performed, the court can order the other party to perform even though the contract is oral. 
D)  Courts will often enforce an oral prenuptial agreement against one party but not against the other. 
E)  There is no part-performance exception to the Statute of Frauds.

Question 17

When fraudulent misrepresentation is used to induce another party to enter into a contract,the innocent party's assent to the contract is not genuine,and the contract is void.

Accepted Answer

A) True 
 B)False

Question 18

Generally,an executory contract that is not in writing even though the Statute of Frauds requires it to be is unenforceable by either party.

Accepted Answer

A) True 
 B)False

Question 19

Fraud in the inception and fraud by concealment are interchangeable terms.

Accepted Answer

A) True 
 B)False

Question 20

Contracts involving fraud in the inducement are void.

Accepted Answer

A) True 
 B)False

Exam 12: Genuineness of Assent and Statute of Frauds

Andre has made a statement that the average person would realize is puffery.Andre is guilty of:

Most Statutes of Frauds require leases for a term of more than ________ to be in writing.

If there is an ambiguity in a contract,the ambiguity will be resolved against the party who drafted the contract.

Where two parties contract for the sale of an old violin,but neither party realizes that it is a rare and extremely valuable violin,this is a mutual mistake of fact allowing rescission.

When one party to a contract makes a misrepresentation about the law,what is the deceived party able to do?

To establish undue influence,the dominant party must have unduly used his or her influence to persuade the servient party to enter into a contract.

In order to be enforceable,contracts to pay debts barred by the statute of limitations must be in writing.

A misrepresentation occurs when an assertion is made that is not in accord with the facts.

The parol evidence rule eliminates the possibility of introducing oral evidence about a written contract regardless of the timing of the oral evidence.

Undue influence occurs when one person,the ________ party,takes advantage of another person's mental,emotional,or physical weakness and unduly persuades that person,the ________ party,to enter into a contract.

Treble damages is a possible remedy for:

Ordinarily,silence does not constitute a misrepresentation.

Parol evidence may not be admitted in court if it explains ambiguous language.

Which of the following is one of the general rules of contract interpretation?

Intent to deceive is also called scienter.

What is the effect of the part performance exception under the Statute of Frauds?

When fraudulent misrepresentation is used to induce another party to enter into a contract,the innocent party's assent to the contract is not genuine,and the contract is void.

Generally,an executory contract that is not in writing even though the Statute of Frauds requires it to be is unenforceable by either party.

Fraud in the inception and fraud by concealment are interchangeable terms.

Contracts involving fraud in the inducement are void.

Legal Heritage and the Information Age

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Judicial, Alternative, Administrative, and E-Dispute Resolution

Torts and Strict Liability

Criminal Law and Cyber Crimes

Intellectual Property and Cyber Piracy

Ethics and Social Responsibility of Business

Nature of Traditional and E-Contracts

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Capacity and Legality

Third-Party Rights and Discharge

Breach of Contract and Remedies

Digital Law and E-Commerce

Formation of Sales, Lease, and E-Contracts

Performance of Sales, Leases and E-Contracts

Remedies for Breach of Sales and Lease Contracts

Warranties and Product Liability

Creation and Transfer of Negotiable Instruments

Holder in Due Course and Liability of Parties

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Filters

Undue influence occurs when one person,the party,takes advantage of another person's mental,emotional,or physical weakness and unduly persuades that person,the party,to enter into a contract.