Question 1

There are two types of mistakes: mutual and unilateral.

Accepted Answer

True

Question 2

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

Accepted Answer

False

Question 3

Undue influence cases are common in which of the following?&#10;A)Misrepresentation&#10;B)Unconscionable contracts&#10;C)Fiduciary relationships&#10;D)None of the above

Accepted Answer

C

Question 4

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

Accepted Answer

The answer of Substantive unconscionability lacks meaningful choice by one...

Question 5

Oppressive or overly harsh contracts create _________ contracts.&#10;A)procedural unconscionable&#10;B)substantive unconscionable&#10;C)mirror image&#10;D)adhesion

Accepted Answer

The answer of Oppressive or overly harsh contracts create _________...

Question 6

Misrepresentation is defined as&#10;A)a deliberate misstatement of fact.&#10;B)an innocent misstatement of fact.&#10;C)no misstatement of fact.&#10;D)a slight misstatement of fact.

Accepted Answer

The answer of Misrepresentation is defined as&#10;A)a deliberate misstatement of...

Question 7

A public policy argument for rescinding a contract is which of the following?&#10;A)Fraud&#10;B)Unconscionability&#10;C)Misrepresentation&#10;D)Mistake

Accepted Answer

The answer of A public policy argument for rescinding a...

Question 8

Adhesion contracts are generally considered unconscionable contracts.

Accepted Answer

The answer of Adhesion contracts are generally considered unconscionable contracts....

Question 9

Mutual assent is a meeting of the minds.

Accepted Answer

The answer of Mutual assent is a meeting of the...

Question 10

Fraud constitutes a method of&#10;A)destroying mutual assent.&#10;B)consummating a contract.&#10;C)all of the above.&#10;D)none of the above.

Accepted Answer

The answer of Fraud constitutes a method of&#10;A)destroying mutual assent.&#10;B)consummating...

Question 11

To determine whether mutual assent exists, the court will apply a(n)_______ standard.&#10;A)privity&#10;B)subjective&#10;C)objective&#10;D)mutual

Accepted Answer

The answer of To determine whether mutual assent exists, the...

Question 12

An adhesion contract is considered&#10;A)unconscionable.&#10;B)fair.&#10;C)bait and switch.&#10;D)all of the above.

Accepted Answer

The answer of An adhesion contract is considered&#10;A)unconscionable.&#10;B)fair.&#10;C)bait and switch.&#10;D)all...

Question 13

A mistake can occur when&#10;A)both parties are wrong about a fact.&#10;B)one party is wrong about a fact.&#10;C)all of the above.&#10;D)none of the above.

Accepted Answer

The answer of A mistake can occur when&#10;A)both parties are...

Question 14

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

Accepted Answer

The answer of Misrepresentation is a misstatement of fact made...

Question 15

Methods of destroying mutual assent in a contract include which of the following?&#10;A)Duress&#10;B)Undue influence&#10;C)Fraud&#10;D)All of the above

Accepted Answer

The answer of Methods of destroying mutual assent in a...

Question 16

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

Accepted Answer

The answer of Procedural unconscionability lacks meaningful choice by one...

Question 17

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

Accepted Answer

The answer of A method of destroying mutual assent is...

Question 18

In order to prove economic duress, it must be proven that&#10;A)wrongful conduct exists.&#10;B)an injured party acts against their free will.&#10;C)financial hardship exists.&#10;D)all of the above.

Accepted Answer

The answer of In order to prove economic duress, it...

Question 19

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

Accepted Answer

The answer of In a duress case, you do not...

Question 20

Undue influence arises out of a confidential relationship.

Accepted Answer

The answer of Undue influence arises out of a confidential...

Question 21

Match between columns&#10;                        Premises: A person in a position of trust. &#10;A person in a position of trust. &#10;A person in a position of trust. &#10;A person in a position of trust. &#10;A person in a position of trust. &#10;A person in a position of trust. &#10;A person in a position of trust. &#10;A person in a position of trust. &#10;A person in a position of trust. &#10;A person in a position of trust. &#10;Wrongful pressure placed upon a person in a confidential relationship. &#10;Wrongful pressure placed upon a person in a confidential relationship. &#10;Wrongful pressure placed upon a person in a confidential relationship. &#10;Wrongful pressure placed upon a person in a confidential relationship. &#10;Wrongful pressure placed upon a person in a confidential relationship. &#10;Wrongful pressure placed upon a person in a confidential relationship. &#10;Wrongful pressure placed upon a person in a confidential relationship. &#10;Wrongful pressure placed upon a person in a confidential relationship. &#10;Wrongful pressure placed upon a person in a confidential relationship. &#10;Wrongful pressure placed upon a person in a confidential relationship. &#10;Wrongful pressure placed upon a party depriving him or her of free will. &#10;Wrongful pressure placed upon a party depriving him or her of free will. &#10;Wrongful pressure placed upon a party depriving him or her of free will. &#10;Wrongful pressure placed upon a party depriving him or her of free will. &#10;Wrongful pressure placed upon a party depriving him or her of free will. &#10;Wrongful pressure placed upon a party depriving him or her of free will. &#10;Wrongful pressure placed upon a party depriving him or her of free will. &#10;Wrongful pressure placed upon a party depriving him or her of free will. &#10;Wrongful pressure placed upon a party depriving him or her of free will. &#10;Wrongful pressure placed upon a party depriving him or her of free will. &#10;The doctrine of caveat emptor. &#10;The doctrine of caveat emptor. &#10;The doctrine of caveat emptor. &#10;The doctrine of caveat emptor. &#10;The doctrine of caveat emptor. &#10;The doctrine of caveat emptor. &#10;The doctrine of caveat emptor. &#10;The doctrine of caveat emptor. &#10;The doctrine of caveat emptor. &#10;The doctrine of caveat emptor. &#10;A contract that shocks public sensibilities and is oppressive. &#10;A contract that shocks public sensibilities and is oppressive. &#10;A contract that shocks public sensibilities and is oppressive. &#10;A contract that shocks public sensibilities and is oppressive. &#10;A contract that shocks public sensibilities and is oppressive. &#10;A contract that shocks public sensibilities and is oppressive. &#10;A contract that shocks public sensibilities and is oppressive. &#10;A contract that shocks public sensibilities and is oppressive. &#10;A contract that shocks public sensibilities and is oppressive. &#10;A contract that shocks public sensibilities and is oppressive. &#10;An innocent misstatement of fact. &#10;An innocent misstatement of fact. &#10;An innocent misstatement of fact. &#10;An innocent misstatement of fact. &#10;An innocent misstatement of fact. &#10;An innocent misstatement of fact. &#10;An innocent misstatement of fact. &#10;An innocent misstatement of fact. &#10;An innocent misstatement of fact. &#10;An innocent misstatement of fact. &#10;A deliberate misstatement of fact. &#10;A deliberate misstatement of fact. &#10;A deliberate misstatement of fact. &#10;A deliberate misstatement of fact. &#10;A deliberate misstatement of fact. &#10;A deliberate misstatement of fact. &#10;A deliberate misstatement of fact. &#10;A deliberate misstatement of fact. &#10;A deliberate misstatement of fact. &#10;A deliberate misstatement of fact. &#10;The meeting of the minds of the parties in a contract. &#10;The meeting of the minds of the parties in a contract. &#10;The meeting of the minds of the parties in a contract. &#10;The meeting of the minds of the parties in a contract. &#10;The meeting of the minds of the parties in a contract. &#10;The meeting of the minds of the parties in a contract. &#10;The meeting of the minds of the parties in a contract. &#10;The meeting of the minds of the parties in a contract. &#10;The meeting of the minds of the parties in a contract. &#10;The meeting of the minds of the parties in a contract. &#10;Wrongful existence of a material fact to a contract by one party. &#10;Wrongful existence of a material fact to a contract by one party. &#10;Wrongful existence of a material fact to a contract by one party. &#10;Wrongful existence of a material fact to a contract by one party. &#10;Wrongful existence of a material fact to a contract by one party. &#10;Wrongful existence of a material fact to a contract by one party. &#10;Wrongful existence of a material fact to a contract by one party. &#10;Wrongful existence of a material fact to a contract by one party. &#10;Wrongful existence of a material fact to a contract by one party. &#10;Wrongful existence of a material fact to a contract by one party. &#10;Wrongful existence of a material fact to a contract by both parties. &#10;Wrongful existence of a material fact to a contract by both parties. &#10;Wrongful existence of a material fact to a contract by both parties. &#10;Wrongful existence of a material fact to a contract by both parties. &#10;Wrongful existence of a material fact to a contract by both parties. &#10;Wrongful existence of a material fact to a contract by both parties. &#10;Wrongful existence of a material fact to a contract by both parties. &#10;Wrongful existence of a material fact to a contract by both parties. &#10;Wrongful existence of a material fact to a contract by both parties. &#10;Wrongful existence of a material fact to a contract by both parties.

Accepted Answer

The Answer of misrepresentation and mutual mistake and mutual assent is...

Deck 5: Mutual Assent of the Parties