Exam 12: Genuineness of Assent and Statute of Frauds

Fraudulent misrepresentation requires that the intent to deceive be proven.

A contract that is entered into because of undue influence is voidable by the innocent party.

The Statute of Frauds section involving promises in consideration of marriage requires prenuptial agreements to be in writing in order to be enforceable.

Zora and Wayne are both adults.Zora does not like Wayne because Wayne made fun of her in elementary school.Zora became a successful fashion designer.Wayne got a job at a local bank at a relatively low salary.Zora,who really holds a grudge,thinks that she has finally decided on a way to get even with Wayne.Knowing that she is being untruthful,Zora tells Wayne that if he will quit his job at the bank,she has a great opportunity for him hiring models for her clothing and that she wants to employ him for a period of two years at $100,000 per year.Nothing was in writing,but in reliance on her promise,Wayne quit his job at the bank and showed up at Zora's office eager to interview models.Zora says "Ha,ha,I'm even with you?get lost.I'd never trust you to hire models.You should have paid more attention in Business Law and gotten the agreement in writing." Wayne is really mad and sues.Who should win?

An integration clause is also called a(n)________ clause.

The doctrine that would allow a party to rescind a contract because the other party used force or threats in order to form the contract is:

When interpreting a contract with contradictory language,a specific term will take precedence over a conflicting general provision.

Section ________ of the ________ is the Statute of Frauds provision that applies to the lease of goods.

Undue influence can provide a basis to avoid a contract only if the parties had a preexisting confidential or fiduciary relationship at the time of contract formation.

According to the Restatement (Second)of Contracts,nondisclosure is a misrepresentation if it would constitute a failure to act in "good faith."

When a contract refers to an item by name,and there are two different items by that same name but the contract does not identify which one was intended,what type of mistake has occurred if each party assumed the contract referred to a different one of these identically named items?

The one-year rule under the Statute of Frauds measures the year from the time of contract formation and not from the time that performance of the contract begins.

In a situation where one party to a contract has lied about the nature of the document that the parties are signing,the type of fraud that would most likely be present is:

The most recent revision to UCC 2-201 requires that contracts for the sale of goods costing ________ must be in writing to be enforceable.A state must adopt this amendment for it to become effective; most states,however,have not enacted this change.

Consistent with judicial standards of interpretation,where a preprinted form contract is used,preprinted words prevail over typed words.

Fraud by containment occurs when one party takes specific action to conceal a material fact from another party.

Mark went to an antique auto auction where a car was advertised as Elvis Presley's Cadillac.Mark ended up being the high bidder on the car.It was later discovered that unbeknownst to the auction house,this car had never belonged to Elvis Presley.What can Mark do in this situation?

Quite frequently,an innocent misrepresentation constitutes fraud.

To be sufficient under the Statute of Frauds,only original,handwritten signatures in ink are considered acceptable.

Under which of the following situations can a party rescind a contract?