Exam 9: Grounds Upon Which a Contract May Be Set Aside: Mistake and Misrepresentation

Exerting domination over the mind of another party so as to make him or her enter into a contract constitutes duress.

If rescission is unavailable in a case of innocent misrepresentation,and the misstatement was an important inducement,and the aggrieved party has suffered substantial loss,the court may look at the misrepresentation as

A plea of non est factum

In contract law,a mistake is

Where a party inadvertently uses the wrong words in stating the terms of a contract,and another party enters into the contract,the court may set aside the contract if a reasonable bystander would conclude that the party had made a mistake.

What remedies are available to the innocent parties if they are the victims of an innocent misrepresentation? What is the remedy if they are the victims of a fraudulent misrepresentation?

When it comes to deciding whether or not a contract is void,the common law knows no half measures.Explain.

A contract entered into by reason of a mistake as to identity of a third party usually has an element of fraud.Explain.

Ryan Thompson,a lawyer,was approached by a client who wished to sell him shares in a business he owned.Ryan accepted the offer by purchasing the shares.The business is a tremendous success.Later the client claims that he sold the shares to Ryan because of Ryan's undue influence over him.What must the client prove in order to be successful in his action?

If an incident of misrepresentation is neither fraudulent nor negligent,yet it resulted in harm,then

Some current consumer protection legislation offers consumers a cooling-off period.If a consumer elects to cancel or rescind a contract during the cooling-off period,what reasons must she or he provide?

Where a contract deals with the sale of goods,such as a car,at common law,the duty of the purchaser is to inspect the goods before she or he purchases them.

If,at the time a contract was made,the subject matter did not exist,without the knowledge of the seller,the contract is

Jaime has agreed to buy Steve's 4x4 truck.When Steve used the truck last,it ran quite well,so he says "it is in good condition." Unfortunately,the truck sat in the humid weather for some time and the head gasket had rotted away to where the truck won't run.What,legally,should Jaime do?

Christi was told by the store's produce manager that the oranges were of a variety that had a extremely high level of vitamin C.So she bought a case for her health club's garden party.At the party,the guests enjoyed eating up all the oranges.When Christi was next in the store,the manager corrected his prior statement,saying the oranges were of a different variety than what he had thought.Does Christi have a legal claim for rescission?

A guarantor is a person who agrees to pay the debts of another person but only if that person dies.

With the issue of undue influence,what must the victim do to shift the burden of proof to the dominant party?

A court will not enforce a contract if

Dot sold her land to Seth.Three weeks before making the contract,she told Seth that the well on the property has a flow of 40 litres per minute.Dot had obtained the information from a certified water surveyor.Two months after taking title to the property,Seth discovered that the flow in the well was only 4 litres per minute.What remedy might Seth be entitled to from Dot?

The domination of one party over the mind of another to such a degree as to deprive the latter of the will to make an independent decision is