Exam 13: Voluntary Consent

Metro City and Nu Hi-way Construction Company enter into a construction contract that includes six pages of detailed estimates.Later Metro,whose engineer compiled the figures,discovers that some numbers were added incorrectly,but Nu refuses to make changes.Metro may

Misrepresentation of a material fact can occur through silence.

An innocent party can cancel a fraudulent contract.

In selling paving stones to Yard & Garden Supply,Trey tells Yard & Garden's buying representative that the stones are "soft as carpet." This is

Nano Corporation offers to sell a robotic device to Opal Assembly, Inc., but mistakenly transposes some of the digits in the price so that $15,400 appears in the offer as $14,500. Opal accepts the written offer. -Refer to Fact Pattern 13-1.Nano's best defense against enforcement of the contract is that Opal knew

Only a mistake in value will make a contract voidable.

Misrepresentation of a material fact can occur through words alone.

Reliance on a misrepresentation is not justified if it is based on an obviously extravagant statement.

Pete,the owner of Quality Orchards,contracts to sell fruit to Ripe Produce,Inc.When Pete refuses to perform,Ripe Produce files a suit to enforce the contract.To defend successfully on the ground of unconscionability,Pete must show that enforcement of the contract would be

A contract is termed an adhesion contract when both parties adhere to it.

Darla sells a all-terrain,off-road vehicle to Esteban without disclosing that the odometer,which reads 30,000 miles,was disconnected 50,000 miles ago.Darla is most likely liable for

Leyte believes an old comic book he owns has little value,but Milo is convinced it is a valuable collector's item.Leyte sells it to Milo for $10 before learning it is worth $1,000.Leyte can

Genie.com initiates an online dating service.To attract subscribers and encourage participation,Genie.com creates and posts profiles of fictitious persons and exaggerated profiles of actual users.Fooled by the false profiles,Ham buys a subscription.He is most likely a victim of

To recover for fraud,a plaintiff must be over twenty-one years of age.

Jill and Karl contract for the sale of Jill's horse for $1,000.Unknown to either party,the horse has died.Karl is

If the subject matter of a contract turns out to be more valuable than one of the parties believed it would be,that party can cancel the contract.

Olin convinces Pia,who has no artistic ability,that Pia has considerable talent and induces Pia to pay Olin $10,000 for art lessons.When Pia realizes the truth,she files a suit against Olin.Pia is most likely to recover on the basis of

In negotiating a contract with Mikayla for the use of an empty bottling plant to bottle and market natural spring water,Nero makes a statement that he believes not to be true with respect to a material fact in the deal.Nero is guilty of

An innocent party may seek damages for a fraudulent contract.

A contract entered into under duress is voidable.