Exam 12: Genuineness of Assent and Statute of Frauds

Fraud in the inception occurs if a person is deceived as to the nature of his or her act and does not know what he or she is signing.

Which of the following is true of undue influence in entering into contracts?

Discuss with an example a situation where a court may permit rescission of a contract based on undue influence.

Which of the following is true of an equitable estoppel?

Kevin goes to a store to purchase a fully-automatic washing machine.He browses through several models of washing machines but does not let the salesperson know that he wants a fully-automatic model.While signing the sales contract,he does not notice that the model he is purchasing is a semi-automatic machine.After purchase,which of the following options does Kyle have?

Which of the following constitutes duress?

Under the Statute of Frauds,it is not necessary for promises to write a will to be in writing.

The ________ states that agents' contracts to sell property covered by the Statute of Frauds must be in writing to be enforceable.

A right to use someone else's land without owning or leasing it is called ________.

Silence is not a misrepresentation when there is a fiduciary relationship between the two parties entering into contract.

Which of the following statements is true of signature on a written contract?

To prove fraud,which of the following elements must be shown?

Statements of opinion or predictions about the future generally form the basis for fraud.

Under the Statute of Frauds,any contract that transfers an ownership interest in real property must be in writing to be enforceable.

While measuring economic injury,the measure of damages recovered from a misrepresentation is ________.

Millie receives a parcel from her aunt in Indonesia.The delivery man asks her to sign an authorization document to receive the parcel.Millie signs without reading the document,as she is in a hurry.However,on the other side of the document are contract terms that transfer all of Millie's property to the delivery man.This is an instance of ________.

A party may not rescind a contract if there has been a mutual mistake of a material fact.

Misrepresentation of law will be allowed as grounds for rescission of the contract if one party to the contract is a professional who should know what the law is and intentionally misrepresents the law to a less sophisticated contracting party.

Discuss with examples the difference between mutual mistake of a material fact and mutual mistake of value.

Jeffrey became a victim of fraud when he entered a pyramid scheme which turned out to be a scam.In order to claim damages,Jeffrey has to prove which of the following?