BLAW CH 12 SB

______ is a false statement of material fact made by a party who thinks it is true but who would have known the truth about the fact had he or she used reasonable care to discover or reveal it.

A negligent misrepresentation

In the context of contract law, which of the following is true about the action of courts when there is a unilateral mistake in a contract?

Courts are hesitant to interfere with the contract when one of the parties has a correct understanding of the material facts of the agreement.

__________ by any party as part of a contract is a basis for rescission.

Fraud

In the context of contract law, which of the following is an accurate statement regarding the legal implications of a unilateral mistake?

In general, a unilateral mistake does not void a contract.

______ is present when the party making the false statement in a contract claims or implies that he or she has personal knowledge of the accuracy of the assertion.

Intent to deceive

In the context of contract law, which of the following is true about an innocent misrepresentation?

It is a false statement about a fact material to an agreement that the person who made the statement believed to be true.

Which of the following conditions would not permit a court to invalidate a contract on the grounds of unilateral mistake?

One party entered into the contract as a result of sales talk, or "puffery."

Identify a true statement about rescinding a contract due to a mutual mistake.

Rescinding a contract due to a mutual mistake is fair because an ambiguity in some key fact prevented the parties from being in actual agreement.

Which of the following conditions would permit a court to invalidate a contract on grounds of unilateral mistake?

The mistake was so serious that the contract is unconscionable.

______ refers to those special relationships in which one person has taken advantage of his or her dominant position in the relationship to persuade the other person.

Undue influence

Which of the following is true when there is a mutual mistake in a contract?

When both parties to a contract are mistaken about either a current or a past material fact, either party can rescind the contract.

For a mutual mistake to interfere with legal consent, it must involve all but which of the following?

a buyer who relied on the seller's sales talk (also known as "puffery")

For a mutual mistake to interfere with legal consent, it must involve all but which of the following?

a contract for the sale of goods transaction that provided ambiguous bargaining power

Which of the following is not one of the elements required for a finding of fraudulent misrepresentation in a contract?

a false statement about a fact that is unimportant to the contract

In the context of contract law, ______ is an erroneous belief about the facts of a contract at the time the contract is concluded.

a mistake

In the context of contract law, which of the following terms refers to an erroneous belief about the facts of a contract at the time the contract is concluded?

a mistake

In some contract negotiations, one party makes a statement of material fact he or she thinks is true but is negligent in making the assertion. Such ______ results when the party making the statement would have known the truth about the fact had he or she used reasonable care to discover or reveal it.

a negligent misrepresentation

Which of the following is not one of the elements required for a finding of fraudulent misrepresentation in a contract?

a preexisting commercial relationship between the parties in the agreement

In the context of contract law, ______ is a false statement about a fact material to an agreement that the person who made the statement believed to be true.

an innocent misrepresentation

A seller removes 20,000 miles from a car odometer before selling the car to a buyer. This is known as ______.

concealment

Which of the following is not a major obstacle to genuine assent in contracts?

consideration

Any unlawful threat exercised on a person whereby the person is forced to enter into an agreement is known as ______.

duress

In the context of contract law, a(n) ______ misrepresentation is a false representation of a material fact that is consciously false and is intended to mislead the other party.

fraudulent

Which of the following is present when the party making the false statement in an agreement claims or implies that he or she has personal knowledge of the accuracy of the assertion?

intent to deceive

Fraudulent misrepresentation is ______ misrepresentation.

intentional

Scienter means ______.

knowledge

In the context of contract law, misrepresentation is an untruthful assertion by one of the parties about a(n) ______ fact.

material

The courts insist that there must be a _________ of the minds for there be a valid contract between the parties.

meeting

In the context of contract law, ______ is an untruthful assertion by one of the parties about a material fact.

misrepresentation

In the context of contract formation, a(n) ______ mistake is shared by both parties to the agreement.

mutual

When both parties to a contract are mistaken about either a current or a past material fact, it is referred to as a(n) ______ mistake.

mutual

The failure to provide pertinent information about a projected contract is known as ______.

nondisclosure

Which of the following refers to the failure to provide pertinent information about a projected contract?

nondisclosure

When an innocent misrepresentation occurs, the person who made the false statement had no knowledge of the falsity of the claim. This means the person lacked ______.

scienter

Which of the following is a major obstacle to genuine assent in contracts?

undue influence

Which of the following are the two types of mistakes related to contract formation and enforcement?

unilateral and mutual

Understand that a court _______ void a contract for a mutual mistake of both parties.

will not

Legal assent is ________ when a legal mistake occurs.

absent

When legal assent to a contract is present both parties to a contract are ________ to have freedom to enter into the contract.

assumed

All but which of the following circumstances would trigger a successful request for contract rescission on the basis of duress?

One party is mistaken about a material fact pertaining to the contract.