Question 1

To determine whether mutual assent exists, the court will apply a(n)_______ standard.

Accepted Answer

A) privity 
B) subjective 
C) objective 
D) mutual 
A) privity 
B) subjective 
C) objective 
D) mutual C

Question 2

There are two types of mistakes: mutual and unilateral.

Accepted Answer

A) True 
 B)False  True

Question 3

A public policy argument for rescinding a contract is which of the following?

Accepted Answer

A) Fraud 
B) Unconscionability 
C) Misrepresentation 
D) Mistake 
A) Fraud 
B) Unconscionability 
C) Misrepresentation 
D) Mistake B

Question 4

Misrepresentation is defined as

Accepted Answer

A) a deliberate misstatement of fact. 
B) an innocent misstatement of fact. 
C) no misstatement of fact. 
D) a slight misstatement of fact. 
A) a deliberate misstatement of fact. 
B) an innocent misstatement of fact. 
C) no misstatement of fact. 
D) a slight misstatement of fact.

Question 5

Fraud and misrepresentation are the only two methods of destroying mutual assent.

Accepted Answer

A) True 
 B)False

Question 6

Mutual assent is a meeting of the minds.

Accepted Answer

A) True 
 B)False

Question 7

Undue influence cases are common in which of the following?

Accepted Answer

A) Misrepresentation 
B) Unconscionable contracts 
C) Fiduciary relationships 
D) None of the above 
A) Misrepresentation 
B) Unconscionable contracts 
C) Fiduciary relationships 
D) None of the above

Question 8

Adhesion contracts are generally considered unconscionable contracts.

Accepted Answer

A) True 
 B)False

Question 9

Undue influence arises out of a confidential relationship.

Accepted Answer

A) True 
 B)False

Question 10

Fraud constitutes a method of

Accepted Answer

A) destroying mutual assent. 
B) consummating a contract. 
C) all of the above. 
D) none of the above. 
A) destroying mutual assent. 
B) consummating a contract. 
C) all of the above. 
D) none of the above.

Question 11

In order to prove economic duress, it must be proven that

Accepted Answer

A) wrongful conduct exists. 
B) an injured party acts against their free will. 
C) financial hardship exists. 
D) all of the above. 
A) wrongful conduct exists. 
B) an injured party acts against their free will. 
C) financial hardship exists. 
D) all of the above.

Question 12

A method of destroying mutual assent is fraud in the contract.

Accepted Answer

A) True 
 B)False

Question 13

Misrepresentation is a misstatement of fact made deliberately by a party.

Accepted Answer

A) True 
 B)False

Question 14

An adhesion contract is considered

Accepted Answer

A) unconscionable. 
B) fair. 
C) bait and switch. 
D) all of the above. 
A) unconscionable. 
B) fair. 
C) bait and switch. 
D) all of the above.

Question 15

Match between columns
                        Premises: A person in a position of trust. 
Wrongful pressure placed upon a person in a confidential relationship. 
Wrongful pressure placed upon a party depriving him or her of free will. 
The doctrine of caveat emptor. 
A contract that shocks public sensibilities and is oppressive. 
An innocent misstatement of fact. 
A deliberate misstatement of fact. 
The meeting of the minds of the parties in a contract. 
Wrongful existence of a material fact to a contract by one party. 
Wrongful existence of a material fact to a contract by both parties.

Accepted Answer

The Answer of misrepresentation and let the buyer beware and is...

Question 16

Oppressive or overly harsh contracts create _________ contracts.

Accepted Answer

A) procedural unconscionable 
B) substantive unconscionable 
C) mirror image 
D) adhesion 
A) procedural unconscionable 
B) substantive unconscionable 
C) mirror image 
D) adhesion

Question 17

Procedural unconscionability lacks meaningful choice by one party to a contract.

Accepted Answer

A) True 
 B)False

Question 18

In a duress case, you do not have to prove coercion.

Accepted Answer

A) True 
 B)False

Question 19

Substantive unconscionability lacks meaningful choice by one party to a contract.

Accepted Answer

A) True 
 B)False

Question 20

A mistake can occur when

Accepted Answer

A) both parties are wrong about a fact. 
B) one party is wrong about a fact. 
C) all of the above. 
D) none of the above. 
A) both parties are wrong about a fact. 
B) one party is wrong about a fact. 
C) all of the above. 
D) none of the above.

To determine whether mutual assent exists, the court will apply a(n)_______ standard.

There are two types of mistakes: mutual and unilateral.

A public policy argument for rescinding a contract is which of the following?

Misrepresentation is defined as

Fraud and misrepresentation are the only two methods of destroying mutual assent.

Mutual assent is a meeting of the minds.

Undue influence cases are common in which of the following?

Adhesion contracts are generally considered unconscionable contracts.

Undue influence arises out of a confidential relationship.

Fraud constitutes a method of

In order to prove economic duress, it must be proven that

A method of destroying mutual assent is fraud in the contract.

Misrepresentation is a misstatement of fact made deliberately by a party.

An adhesion contract is considered

Oppressive or overly harsh contracts create _________ contracts.

Procedural unconscionability lacks meaningful choice by one party to a contract.

In a duress case, you do not have to prove coercion.

Substantive unconscionability lacks meaningful choice by one party to a contract.

A mistake can occur when

Contract Law: a General Introduction

Contract Basics: an Overview

Formation of a Contraction: Offer and Acceptance

Consideration: the Value for the Promise

Capacity: The Ability to Contract

Legality in Contracts

Proper Form of the Contract: the Writing

Performance and Discharge of the Contract

Remedies in Contract Law

Third Party Contracts

Sales: Article 2 of the Uniform Commercial Code

Performance Under Article 2: Seller and Buyer Duties

Title, Risk of Loss, and Warranties

Seller and Buyer Remedies

Contracts and the Internet: Something Borrowed, Something New

Drafting a Contract: The Essentials

Drafting a Contract: Specific Provisions

Analyzing a Contracts Problem: Putting Theory Into Practice

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Exam 5: Mutual Assent of the Parties

To determine whether mutual assent exists, the court will apply a(n)_______ standard.

There are two types of mistakes: mutual and unilateral.

A public policy argument for rescinding a contract is which of the following?

Misrepresentation is defined as

Fraud and misrepresentation are the only two methods of destroying mutual assent.

Mutual assent is a meeting of the minds.

Undue influence cases are common in which of the following?

Adhesion contracts are generally considered unconscionable contracts.

Undue influence arises out of a confidential relationship.

Fraud constitutes a method of

In order to prove economic duress, it must be proven that

A method of destroying mutual assent is fraud in the contract.

Misrepresentation is a misstatement of fact made deliberately by a party.

An adhesion contract is considered

Oppressive or overly harsh contracts create _________ contracts.

Procedural unconscionability lacks meaningful choice by one party to a contract.

In a duress case, you do not have to prove coercion.

Substantive unconscionability lacks meaningful choice by one party to a contract.

A mistake can occur when

Contract Law: a General Introduction

Contract Basics: an Overview

Formation of a Contraction: Offer and Acceptance

Consideration: the Value for the Promise

Capacity: The Ability to Contract

Legality in Contracts

Proper Form of the Contract: the Writing

Performance and Discharge of the Contract

Remedies in Contract Law

Third Party Contracts

Sales: Article 2 of the Uniform Commercial Code

Performance Under Article 2: Seller and Buyer Duties

Title, Risk of Loss, and Warranties

Seller and Buyer Remedies

Contracts and the Internet: Something Borrowed, Something New

Drafting a Contract: The Essentials

Drafting a Contract: Specific Provisions

Analyzing a Contracts Problem: Putting Theory Into Practice

Filters