A) Duress
B) Negligence
C) Fraud
D) Browbeating
E) Coercion
G) B) and D)
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B) False
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A) Courts look to determine whether a mistake of fact occurred at the time the contract was concluded.
B) Courts look to determine whether a mistake of fact occurred during contract negotiations.
C) Courts look to determine whether a mistake of fact occurred when the initial offer was made.
D) Courts look to determine whether a mistake of fact occurred when an advertisement was made.
E) Courts look to determine whether a mistake of fact occurred after the contract was concluded.
G) B) and C)
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A) Unfairness
B) Cohesiveness
C) Disconnection
D) Unconscionability
E) Unprovable
G) None of the above
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A) The required elements are: (1) a basic assumption about the subject matter of the contract, and (2) an admission by one of the parties that a misrepresentation occurred.
B) The required elements are: (1) a basic assumption about the subject matter of the contract, and (2) a material effect on the agreement.
C) The required elements are: (1) a basic assumption about the subject matter of the contract, and (2) an adverse effect on a party who did not agree to bear the risk of mistake at the time of the agreement.
D) The required elements are: (1) a basic assumption about the subject matter of the contract, (2) an adverse effect on a party who did not agree to bear the risk of mistake at the time of the agreement, and (3) a material effect on the agreement.
E) The required elements are: (1) a basic assumption about the subject matter of the contract, (2) an adverse effect on a party who did not agree to bear the risk of mistake at the time of the agreement, (3) a material effect on the agreement, and (4) fraud.
G) B) and D)
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(1)A false statement about a p...View Answer
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B) False
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A) The original divorce agreement will be rescinded, and the parties will be required to renegotiate the agreement because Susie and Sam were mutually mistaken in regard to investing with Will.
B) The original divorce agreement will be rescinded, and the parties will be required to renegotiate the agreement because the investment accounts with Will were a significant basis of the divorce agreement, and Will's fraud caused termination of that contract.
C) The original divorce agreement will be rescinded, and the parties will be required to renegotiate the agreement because, regardless of whether or not Will was guilty of fraud, the end result is that Susie did not receive the benefit of her bargain.
D) The original divorce agreement will be enforced only in part because based on their mutual mistake in regard to investing with Will, the parties will be required to renegotiate the part of the contract involving the investments with Will.
E) The original divorce agreement will be enforced.
G) C) and E)
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A) Adhesion
B) Valid
C) Misapplied
D) Misdrafted
E) Misdirected
G) A) and B)
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A) The court rescinded the contract.
B) The court ruled that the older ship would be identified to the contract.
C) The court ruled that the newer ship would be identified to the contract.
D) The court ruled that the defendant would be allowed to choose which ship would be identified to the contract.
E) The court ruled that the plaintiff would be allowed to choose which ship would be identified to the contract.
G) A) and B)
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A) A special Consumer Contracts Law was developed to place consumers and businesses on a more equal footing in transactions.
B) The Civil Code has more lax requirements regarding fraud than the country's Consumer Contracts law.
C) The goal in regard to consumers is to form the law so that in litigation businesses are at a distinct disadvantage in regard to consumers.
D) In order to encourage economic advancement and international investment, the goal is to form the law so that in litigation consumers are at a distinct disadvantage in comparison to businesses.
E) Japanese law does not recognize rights of consumers as the buyer must beware.
G) C) and D)
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A) Duress
B) Unilateral mistake
C) Mutual mistake
D) Fraudulent misrepresentation
E) Negligent misrepresentation
G) None of the above
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A) The contract will be rescinded.
B) Marcy will be allowed to pick the truck she wants to buy because she is the buyer, and she may also recover damages.
C) Lucy will be allowed to pick the truck she wants to sell because she is the seller.
D) Marcy will be allowed to pick the truck she wants to buy because she also had a contract on the ancillary farm.
E) Marcy will be allowed to pick the truck she wants to buy because she is the buyer, but she may not recover damages.
G) A) and E)
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A) Concealment
B) Nondisclosure
C) Negligence
D) Secretion
E) Entombment
G) All of the above
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To make business transactions smoother a...View Answer
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A) He will be able to rescind the agreement based upon Willy's threat of extortion.
B) He will be able to rescind the agreement based upon the threat to Willy's economic interests.
C) He will be able to rescind the contract because of undue influence.
D) He will not be able to rescind the contract because he agreed to it.
E) He will not be able to rescind the agreement unless he can show that he was not actually convicted of the crime alleged.
G) A) and D)
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A) Concealment.
B) Nondisclosure.
C) Active duress.
D) Conscious disregard.
E) There is no legal term because although he acted illegally, Willy had no duty to disclose his action and incriminate himself.
G) D) and E)
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A) Legal coherence
B) Bilateral understanding
C) Joint reasoning
D) Contractual concurrence
E) Legal assent
G) A) and C)
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A) That Jason knew of the change of change of teacher and bore the risk of mistake.
B) That only a unilateral mistake was involved on Jason's behalf because Mary was aware of the change and that, therefore, Jason is not entitled to a discharge.
C) That a mutual mistake was involved and that Jason is, therefore, not entitled to a refund.
D) That transactions involving goods are not subject to the defense of mistake.
E) That she did not commit fraud and that, therefore, Jason is not entitled to rescission.
G) A) and B)
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A) Marcy may rescind the contract and recover damages because Lucy made an implied misrepresentation.
B) Marcy may rescind the contract but may not recover damages because Lucy made an implied misrepresentation.
C) Marcy may recover damages but may not rescind the contract because Lucy made an implied misrepresentation.
D) Marcy may not rescind the contract nor may she recover damages because she, Marcy, made a unilateral mistake.
E) Marcy may rescind the contract but may not recover damages because she, Marcy, made a unilateral mistake.
G) B) and C)
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