Exam 11: Conduct Invalidating Assent

Sam wants to sell his Golden Retriever to Jordan.Sam tells Jordan that the dog is three years old and that he will point, back, and retrieve.Although the dog is three years old and will point at birds, he will not back (honor another dog's point).Jordan relies on these statements and purchases the bird dog.The buyer has most probably been a victim of:

Which of the following need NOT be proved in order to establish the defense of economic duress?

Which of the following results in a void, rather than voidable, agreement?

Pat told her friends that her car got 35 miles to the gallon in the city when in reality it only got 20 miles per gallon. When Pat decides to sell the car and one of her friends decides to buy it, Pat is under no duty to tell the correct figure unless asked.

Mistake by failure to read a document is grounds to void a contract.

Which of the following is NOT an element of fraud?

Actionable fraud would be likely to be based on falsity of:

If the act or threat would affect a person of average strength and intelligence, then and only then will the act constitute duress.

Which of the following would ordinarily be a basis for making a contract void for mutual mistake?

The test for duress is objective and the act must be classified as a tort or a crime in order to be wrongful.

A unilateral mistake of fact is ordinarily grounds for avoiding a contract.

An act that is contrary to public policy or is morally reprehensible may constitute duress.

The trustee of a trust does not owe a fiduciary duty to the beneficiary of that trust.

Fraud in the inducement will render an agreement void.

A misrepresentation is material if:

Eliza was an antique expert.She went to a tea party at Grandma Jones' house and saw a magnificent Queen Anne table out on the back porch.She asked Grandma about it and was told it was in the way so they were going to store it in the barn.Eliza offered to buy it from her for $200.The next week, Grandma saw it in Eliza's store on sale for $3,000.Grandma:

A famous decision involving mistake as to the meaning of contract terms is Raffles v.Wichelhaus, a case involving two ships with the same name which were confused by the two parties to the contract.

For a misrepresentation to be fraud in the inducement, it need not be material.

Rescission is usually permitted where the parties to a contract are both mistaken about a material fact.

Social coercion to enter into a contract cannot be a basis for avoidance of the contract.