Exam 12: Genuineness of Assent and Statute of Frauds

Scienter refers to knowledge that a representation is False or that it was made without sufficient knowledge of the truth.

The term scienter means ________.

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

Fraud in the inducement is also known as fraud in the factum.

________ 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.

Jonas enters into an oral contract with Chelsea to lease his house to her for $100,000.Chelsea pays him $100,000 and moves in.A month later,Jonas learns that his state requires contracts for the lease of goods with payments of $1,000 or more to be in writing.Which of the following options does either party have?

Gary and Mary are siblings involved in a legal tangle over who gets possession of their ancestral home.Gary threatens to kill Mary's husband if she does not sign papers declaring Gary's sole ownership of their home.This is an instance of ________.

Which of the following interests in real property transfers to another person after the present holder's death?

Fraud in the inception is also known as fraud in the ________.

Alice offers Richard a chance to work in her affiliate marketing program which,she claims,will make him a millionaire in three months.Richard makes the "mandatory investment" of $12,000 and becomes an affiliate.Soon,he realizes that such a program does not exist and that Alice has disappeared with the money.This is an instance of ________.

Which of the following describes "scienter"?

A contract in which both parties are mistaken about the value of the object of a contract is considered ________.

The rule of equitable exception states that an executory contract that cannot be performed by its own terms within one year of its formation must be in writing.

________ is an action to undo a contract.

If someone threatens to physically harm another person unless that person signs a contract,it is referred to as scienter.

A(n)________ is an equitable doctrine that permits enforcement of oral contracts that should have been in writing.

Which of the following is not actionable as fraud?

Contracts involving fraud in the inducement are ________.

Which of the following is true of misrepresentation of law not involving professional?

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