Deck 14: Capacity And Consent

Question 1

When courts consider economic duress,they consider all the following factors EXCEPT:

A) relative bargaining power.
B) financial distress.
C) legitimate business actions.
D) relative size of the contract.

Answer 1

D

Question 2

If a minor can cancel a contract,it can be done at any time during minority or within a reasonable time after reaching majority.

Answer 2

True

Question 3

Roger,a minor,buys a stereo from Tuneland,Inc.Roger uses the stereo for a few months,returns it to Tuneland,and demands his money back.In a majority of states,Roger may return the stereo and he does not have to pay for the use of the stereo or the damages.

Answer 3

True

Question 4

Marty,a 16-year-old,contracted with Cream-of-the-Crop Cycles to buy an $8,000 motorcycle.He agreed to make monthly payments until the purchase price plus interest were paid in full.It is three years later and Marty has not disaffirmed the contract and has made regular payments on the cycle since turning 18.Which of the following is correct?

A) The contract is void and Marty has no obligation.
B) The contract is now voidable by Cream-of-the-Crop Cycles.
C) Marty has ratified the contract and is now bound by its terms.
D) Marty has ratified the contract but can still get a return of the payments made while he was a minor.

Question 5

After her 18th birthday Lora may,by words or action,ratify a contract she made during the previous year.

Question 6

The age of majority to contract in all states is 21.

Question 7

A party injured by fraud generally has the choice of suing for damages or rescinding the contract.

Question 8

If a salesperson says,"This is a great car and it's really fun to drive," but the car turns out to be a lemon,the salesperson has committed fraud.

Question 9

Which of the following is most likely to constitute fraud?

A) A false prediction that a painting's value will rise.
B) A false statement that a used car is "the best deal in town."
C) A false statement that a $30,000 car attracts members of the opposite sex.
D) Silence as to a toxic waste problem on real property that the buyer would not reasonably find.

Question 10

Frank suffers from a mental impairment due to a brain injury from a airplane accident.He contracts with Glena to purchase her dining room furniture.A month later,he tries to void the contract.If he is unable to return the furniture,a court will not rescind the agreement unless Frank can show that Glena acted in bad faith.

Question 11

All states allow the remedy of rescinding a contract for the sale of goods while still allowing the remedy of suing for damages.

Question 12

A party to a contract has a duty to investigate the other party's factual statements.

Question 13

Travis had too many beers at the baseball game.Ed realized Travis was so intoxicated he wouldn't know what he was doing,so he got Travis to sign a promise to sell his motorcycle to Ed for $50.When Travis gets sober,he may void the contract.

Question 14

Alice offers to sell her car to Barry for $500,and Barry accepts.Alice's car has a market value of $1,000 but this fact is unknown to Alice.The contract is enforceable.

Question 15

Spencer,age 18 and of sound mind,has the legal capacity to contract.

Question 16

Fraudulent,but not innocent,misrepresentation permits the injured party to rescind a contract.

Question 17

Pushy Pat,a persuasive salesman,talked Nice Nancy into purchasing something she didn't really need or want.Nice Nancy may rescind the contract because of undue influence.

Question 18

Angie,a minor,wants to avoid a contract she made with Cumberland Cycles.She may disaffirm the contract by:

A) notifying Cumberland orally that she will not honor the agreement.
B) filing a lawsuit to have a court formally cancel the contract.
C) just refusing to perform her obligations under the contract.
D) All of the answers are correct.

Question 19

Contract rescission can sometimes be based upon a unilateral mistake.

Question 20

Marty,a 16-year-old,contracts with Cream-of-the-Crop Cycles to buy an $8,000 motorcycle.Marty agrees to make monthly payments until the purchase price plus interest are paid in full.Which of the following is correct?

A) The contract is voidable by Marty.
B) The contract is void as soon as it is made.
C) The contract is voidable by Cream-of-the-Crop Cycles.
D) The contract is voidable by either Marty or Cream-of-the-Crop Cycles.

Question 21

Jeff was a subcontractor,bidding on a contract for ACE Corp.,the general contractor.When adding up the total of materials and labor,Jeff's secretary mistakenly moved the decimal point one place,ending up with a bid of $3500 rather than $35,000.ACE Corp.accepted Jeff's bid,mostly because all the other bids were over $30,000.When Jeff learned of the mistake,he tells ACE Corp.that he cannot do the job for $3500.If ACE Corp.sues to enforce this contract,what is the most likely result?

A) The contract is enforceable, since there was an offer, acceptance, and consideration.
B) This is a bilateral mistake, so the contract can be rescinded by either party.
C) This is a unilateral mistake, so the contract cannot be rescinded by Jeff.
D) This is a unilateral mistake, but one where ACE Corp. knew that a mistake had been made. Jeff should be able to rescind the contract.

Question 22

When a party to a contract makes a unilateral mistake,the contract:

A) generally can be rescinded by the mistaken party.
B) is void.
C) can be rescinded by either party.
D) generally cannot be rescinded by the mistaken party unless the contract is unconscionable or it is proven that the nonmistaken party knew of the error.

Question 23

Larson entered Forrester's Auto Mart to purchase a used car.Larson found a vehicle with a sales price of $11,000.After Forrester answered all of Larson's questions,Forrester and Larson agreed to a sale.As Larson was leaving to get the money to pay for the car,Forrester told Larson that Robert Redford formerly owned the car.Larson later learned that Robert Redford had never owned the car.If Larson seeks to rescind the deal based on Forrester's statement,Larson will:

A) win because he relied on the misrepresentation.
B) win because there was a misrepresentation of a material fact.
C) lose because he will not be able to prove reliance on the misrepresentation.
D) lose because Forrester made a unilateral mistake.

Question 24

Deborah purchased a boat from Sun 'N Surf Marine.She later learned that the salesman had made misrepresentations to induce her to make the purchase.Under UCC Section 2-721,Deborah can rescind the contract:

A) only if the misrepresentation was fraudulent.
B) and sue for damages whether the misrepresentation was fraudulent or innocent.
C) but cannot sue for damages if the misrepresentation was innocent.
D) but must forego all other remedies.

Question 25

Which of the following statements,if made by a seller who knows the statement to be untruthful,would not be misrepresentation of material fact resulting in a cause of action for fraud?

A) "This horse is only six years old."
B) "There is no better car in the world."
C) "The tires have less than 5,000 miles on them."
D) "This car gets 28 miles per gallon. "

Question 26

Peter,a minor,purchased a car from ACME Motors.Using a fake ID,he misrepresented his age to be 18.The contract is fully executed.Which of the following is correct?

A) Peter cannot disaffirm the contract because a car is a necessary.
B) Peter cannot disaffirm the contract because of his misrepresentation.
C) Peter can disaffirm the contract, because a minor must be saved from his own poor judgment, including his lie.
D) Either b or c may be applicable depending on the law of the jurisdiction in which the contract was formed.

Question 27

Ryan,a minor,contracted to sell his auto to Ed,a 28-year-old.Ryan later refused to complete the sale.If Ed sues to enforce the contract,Ed will:

A) win because Ryan was the seller.
B) win because minors can only avoid contracts for the sale of land.
C) lose, as the contract is void.
D) lose, because the contract is voidable by Ryan.

Question 28

When a business is concerned about selling to minors because of their right to disaffirm contracts,the business might protect itself by:

A) getting the minor to sign an agreement not to disaffirm.
B) requiring an adult co-signer.
C) requiring a court-appointed guardian to be named.
D) using a layaway system until the minor turns 18.

Question 29

Vince has begun forgetting things and is becoming very difficult to get along with.He is 85,has been ill,and is very fond of his housekeeper Annie.He gives a deed to Annie for all of his real property.At Vince's death,his children,who got only his photograph albums according to the will,ask that the deed be set aside and the land be put back in the estate for purposes of division among all the children.The probable result will be:

A) since Vince was 85 he was probably incompetent and the court would rule for the children.
B) clearly Annie used her position of dominance to persuade Vince to deed her the property, and it will be set aside.
C) unless the children can prove that Vince was unable to understand what he was doing, or that Annie used her position to improperly influence Vince, Annie can keep the property.
D) None of the above.

Question 30

Pamela is planning to sell her home decorating store to her daughter.Pamela has:

A) a greater duty to reveal problems in the business because her daughter assumes she will be honest.
B) no duty to disclose hidden defects in the business.
C) a lesser duty to reveal problems in the business because she has a relationship of trust with the buyer.
D) a duty to report only any latent defects she knows about that her daughter should not be expected to discover herself.

Question 31

Ron,a minor,goes to the hospital for treatment of the flu.On the new-patient form Ron signs,he agrees to pay for any care or treatment he receives.When billed for the treatment:

A) Ron must pay for the value of the benefit he received, because medical care is a necessary.
B) Ron must pay for the benefit he received because the contract is fully executory.
C) Ron must pay for the benefit he received because he ratified the contract.
D) Ron does not have to pay for the benefit he received.

Question 32

Which of the following is NOT a true statement about fraud?

A) The plaintiff must prove that the defendant has knowledge of the falsity of his or her statement.
B) It is necessary for the plaintiff to show that he or she has suffered some type of detriment or injury because of his or her reasonable reliance on the defendant's false statement.
C) The defendant made the statement with the intent to induce the plaintiff to enter into the contract.
D) The plaintiff must show that although the defendant acted in good faith, the statement was material because the defendant expected the plaintiff to rely on it and enter into the contract.

Question 33

If Jane persuades Linda to buy her horse by telling Linda that the horse runs "like the wind," then Jane's statement is:

A) fraud.
B) misrepresentation.
C) a unilateral mistake.
D) puffery.

Question 34

Which of the following is least likely to be regarded as a necessary?

A) Rent.
B) Food.
C) Medical expenses.
D) Educational expenses.

Question 35

An example of the type of relationship required to find undue influence would be:

A) a salesperson-purchaser relationship.
B) a bartender-customer relationship.
C) a doctor-patient relationship.
D) a neighbor-neighbor relationship.

Question 36

In the case of Sepulveda v.Aviles,the New York Supreme Court,Appellate Division,found evidence of undue influence in:

A) the relationship based on family connection between Seals and Aviles.
B) Aviles's use of Seals' funds and credit cards.
C) opinions of Aviles and Seals' attorney about Seals' mental state at the property closing.
D) All of the answers are correct.

Question 37

Generally,a seller has no duty to disclose facts.However,there is a duty to disclose information or facts if the disclosure is necessary to:

A) correct a previous assertion.
B) correct a basic mistaken assumption on which the other party is relying.
C) report a latent defect that the buyer would not be expected to discover.
D) All of the above are true.

Question 38

The most accurate statement regarding economic duress is:

A) it is never grounds for rescission.
B) it is always grounds for rescission.
C) it is a UCC concept only.
D) it may be grounds for rescission.

Question 39

Mentally infirmed Sasha contracts to purchase a piano for $2,500 in 60 monthly installment payments.Six months later she tries to void the contract on grounds of mental impairment.A court will:

A) normally void the contract without requiring anything further on Sasha's part.
B) normally void the contract but will require Sasha to return the piano.
C) ordinarily not void the contract unless Sasha had a court-appointed guardian at the time she entered into the contract.
D) not void the contract unless Sasha agrees to have the court appoint a guardian for her.

Question 40

Mark's home had burned to the ground.When he met with his insurance adjuster,she accused him of burning down the house,and said she would have him criminally prosecuted if he didn't settle the claim for much less than the house was worth.Mark agreed to the settlement.If he changed his mind,he can probably rescind the settlement on the basis of:

A) fraud.
B) duress.
C) undue influence.
D) mistake.

Question 41

Reed,a 15-year-old,has run out of money while on a trip away from home.Martha gives him food,a place to sleep,and his bus fare home,in exchange for Reed's promise to pay $200 after he got home.Is Reed's promise enforceable?

Question 42

Larson put his home on the market for sale.His good friend Bill came to look at the home for possible purchase or rental.Bill noticed a crack in the ceiling and inquired about it to Larson.Larson said that there had been a water leakage problem in the area but it had been fixed two years ago and had not leaked since.Bill made a written offer on the house which was accepted in writing by Larson the next day.On the day prior to closing,Bill went to make a final inspection.Bill observed water leaking through another crack in a ceiling of the house and in the garage.The next day,Bill informed the real estate agent that he was rescinding the contract because of the leaks.Larson subsequently rented the property to another party.A couple of months later,Larson filed a suit seeking a court order to make Bill purchase the house or in the alternative for money damages.Bill defended by claiming that Larson either defrauded him or there was a mutual mistake and asked for the return of his earnest money and/or damages for fraud.The trial court found there was no evidence to find fraud on the part of Larson because the roof had been previously fixed and the two parties had been good friends.What is the appropriate remedy when a court concludes that there has been a mutual mistake of material fact?

Question 43

Discuss the concept of a "material fact" in fraud situations.

Question 44

Discuss two types of misrepresentation and how they differ.List the three things a party must show to rescind a contract based on misrepresentation.

Question 45

Adrianna wants to purchase a ten-acre tract of land.Under what circumstances would the seller be required to divulge information Adrianna does not possess?