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Exam 17: Legal Assent

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Question 41

Multiple Choice

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Can consumers take legal action against a company for misrepresentation of their products?

A) Yes, if marketing materials, such as advertising, product labels, and packaging, are seen as misrepresenting what a product truly is or what benefits the product offers.
B) Yes, but only if the product labels misrepresent what the product offers.
C) Yes, but one cannot sue for inaccurate packaging or product labels.
D) Consumers cannot sue companies for misrepresentation of their products.
E) Consumers can only sue companies for misrepresentation of their products when there is a statute or public policy in place.

F) B) and E)
G) All of the above

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Question 42

Multiple Choice

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For a valid contract, courts insist on a ________.

A) meeting of the parties
B) meeting of the minds
C) mutual meeting
D) contractual meeting
E) meeting of assent

F) A) and D)
G) All of the above

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Question 43

Multiple Choice

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Kellen and Thomas are mistaken as to the facts surrounding their contract. What is absent when a mistake of fact occurs?

Threatening physical harm or extortion to gain consent to a contract is classified as duress.

Georgia and Dillard are both confused about a material fact in their current contract. Either party can choose to ________ the contract at this point.

Which of the following is true regarding the effect of an innocent misrepresentation on a contract?

[Scheming 'Friends'] Richard wants to rent a basement apartment in Eric's home. Richard threatens to tell Eric's parents that Eric had been arrested for illegally smoking marijuana unless Eric rents the apartment to him for $100 per month. (The information regarding the arrest is true.) Eric reluctantly agrees to rent the apartment to Richard for $100 per month. Richard also wants to buy Eric's car. Eric runs back the odometer on the car before Richard looks at it. Richard is impressed by the low mileage and agrees to buy the car. Eric offers to sell Richard a ring for Richard's fiancée. Eric tells Richard that the ring is a diamond and believes that to be true. After the deal is made, however, a jeweler friend of Eric informs him that the ring is a fake. When Richard shows up with the money, Eric says nothing. He just hands Richard the ring and takes the money. Later, Richard finds out that the odometer was run backwards from another friend in whom Eric confided. Richard also finds out from his girlfriend that the ring is a fake. -Which is the correct legal term, if any, for Eric's action in regard to running back the odometer?

When ________ is at issue, the free will needed for legal consent has been removed by the specifics of a threat.

[Scheming 'Friends'] Richard wants to rent a basement apartment in Eric's home. Richard threatens to tell Eric's parents that Eric had been arrested for illegally smoking marijuana unless Eric rents the apartment to him for $100 per month. (The information regarding the arrest is true.) Eric reluctantly agrees to rent the apartment to Richard for $100 per month. Richard also wants to buy Eric's car. Eric runs back the odometer on the car before Richard looks at it. Richard is impressed by the low mileage and agrees to buy the car. Eric offers to sell Richard a ring for Richard's fiancée. Eric tells Richard that the ring is a diamond and believes that to be true. After the deal is made, however, a jeweler friend of Eric informs him that the ring is a fake. When Richard shows up with the money, Eric says nothing. He just hands Richard the ring and takes the money. Later, Richard finds out that the odometer was run backwards from another friend in whom Eric confided. Richard also finds out from his girlfriend that the ring is a fake. -Which statement is true regarding Richard's rights in regards to the car purchase?

Generally, neither the European courts nor the U.S. courts will interfere with a contract just because the value of the item in question has changed since the agreement.

[Elton's Electronics] Elton's Electronics sells electronic housewares. Elton is looking for a new supplier to produce the standard-sized switchplate for its best-selling blender. He contacts Porter and provides Porter with specifications for where the switches on the switchplate should be placed. Porter provides excellent pricing and delivery terms, which would save Elton a lot of money. Elton and Porter sign a contract for Porter to produce 10,000 standard-sized switchplates according to Elton's specifications. When the completed switchplates arrive, Elton's employees attach them to the blenders, however, the standard-sized switchplates are two millimeters too long. Elton is furious and calls Porter, who says Elton can send back the switchplates and Porter's company can rework them, but there will be a fee because the switchplates he shipped were "standard-size" switchplates, as specified in the contract. Elton disagrees and hangs up the phone. Elton's technician measures both the switchplates and the blender and discovers that the blender face where the switchplate is attached is two millimeters shorter than the well-known "standard-size" switchplate. The technician suggests they could shave off two millimeters from Porter's boards to make them fit on the blenders, however, it would be a lot of work. -Under which of the following scenarios would a court most likely invalidate the contract with Porter?

In which of the following examples would a court be least likely to find that nondisclosure has the same legal effect as an actual false assertion?

Marco threatens to file a criminal lawsuit against Nadine unless she agrees to the terms of a contract that Nadine knows to be ethically and morally against the company's policy. This is a situation involving ________.

What was the result in the Peerless case discussed in the text in which there were two ships named Peerless and the parties disagreed over which ship was the subject of the contract?

Pedro intentionally failed to provide Anda with pertinent information that was material to a projected contract they were about to enter into. This is known as ________.

The rules about legal assent were developed to show courts which party is at fault in a contract dispute.

Although there are some exceptions, a[n] ________ mistake does not generally void a contract.

What does an injured plaintiff need to prove to a court in order to claim duress?

What must a party prove in order to obtain money damages based on a fraudulent misrepresentation when damages are sought?

Set forth the exceptions that would permit a court to invalidate a contract on grounds of unilateral mistake.