Law 9

17) In contract law, a mistake is a. an error about the terms of the contract, or the assumptions regarding important facts related to the contract. b. the threat of physical or economic harm that results in a contract. c. a false statement made by one party that causes someone to enter a contract. d. unfair manipulation that compromises someone's free will. e. an error of judgment about the benefits of a contract

A

12) At common law, a mistake by an innocent party as to the identity of the other party usually involves a. a mistaken assumption. b. fraud. c. the element of surprise. d. an ambiguous term. e. the element of risk.

B

15) Mistake about terms does NOT include a. the attribution by the parties of different meanings to words used in a contract. b. errors that are made in the recording of an agreement between parties. c. the error of judgment that a party makes when he or she enters into a bad contract. d. misunderstandings about the meanings of words used in a contract. e. words used inadvertently in stating the terms of a contract.

C

19) In a legal sense, mistake is a. a mistake of fact. b. an error of judgment. c. a misunderstanding. d. narrowly defined and limited in scope. e. a misrepresentation.

D

18) A court will not enforce a contract if a. a party is mistaken as to what the subject matter of the contract was. b. one party was unreasonable in using certain words. c. the meanings of the words are not clear. d. the parties disagree as to the interpretation of important terms. e. there are two reasonable interpretations of words in the contract and no indication which is correct.

E

44) If rescission is unavailable in a case of innocent misrepresentation, and the misstatement was an important inducement, and the aggrieved party has suffered substantial loss, the court may look at the misrepresentation as a. negligent, and award damages. b. a contractual nuisance. c. an obligation in tort. d. a breach of contract. e. a term to the agreement.

E

16) James says to Jack, "I am selling my Toyoda for $500. Would you like to buy it?" Jack, believing that James was referred to his automobile, replies, "Yes, I'll buy your Toyota for $500." Jack pays $500 and James presents him with a Japanese doll called Toyoda. Jack asks for his money back because he misunderstood James. Should this matter go to court, the court will most likely find that a. no contract arose because a reasonable person would not believe that James would offer to sell his car for $500. b. Jack's refusal to pay is a breach of contract. c. there is a binding contract for the sale of the Toyoda because that is what James meant when he made the offer. d. there is a binding contract for the sale of the Toyota car because James should have made it clear what he was selling. e. there is a binding contract for the sale of the Toyota because that is the offer Jack believed he was accepting.

A

24) Jonathan sells crates of tomatoes on board the SS Apapa to Margaret. At the time of the sale, both parties are unaware that the crates were washed overboard. What is the status of the contract between Jonathan and Margaret? a. Jonathan is still the owner of the shipment. Jonathan bears the loss and will have to refund Margaret's money. b. Margaret has to pay the agreed price and recover from her insurance. c. The ownership passed to Margaret, but Jonathan is still in possession, and so he is liable. d. Margaret is the new owner of the tomatoes and has to bear the loss. e. Margaret may sue Jonathan for the tort of deceit.

A

27) The domination of one party over the mind of another to such a degree as to deprive the latter of the will to make an independent decision is a. undue influence. b. domination. c. supervision. d. control. e. being pushy.

A

30) When will the courts presume that there has been undue influence in the signing of a contract that favours the dominant party? a. Where the parties stand in a special relationship to each other; one party possessing a special skill, position or knowledge causing the other to place confidence and trust in him, the one against whom the undue influence is alleged. b. In all contracts made between a husband and wife. c. The courts will never presume undue influence. The party alleging undue influence must always prove it has occurred. d. Only when the contract is oral. e. none of the above

A

39) You innocently have made some misstatements that others are relying on. Legally speaking, you can change your situation from innocent misrepresentation into one of fraudulent or negligent misrepresentation by a. doing nothing when you learn about the truth. b. immediately trying to set things right. c. trying to mitigate the situation. d. filing a writ of claims with the court. e. letting the other party know you were in error.

A

40) Both rescission and damages are available remedies for misrepresentation only when the misrepresentation is a. fraudulent or negligent. b. innocent or fraudulent. c. innocent only. d. innocent, negligent, and fraudulent. e. innocent or negligent.

A

59) Scott, an independent businessman, is asking his wife to pledge her inherited family homestead towards a business loan he has arranged at the bank. She seems perfectly willing to do this. Yet, to avoid a possible later legal claim of undue influence by Scott's wife, which would be wisest for the bank to do? a. have Scott's wife get independent legal counsel b. explain very carefully what would transpire c. place all transactions under seal d. have the wife sign a paper to the effect that she was not unduly influenced e. have Scott's lawyer thoroughly explain to Scott's wife the legal implications

A

9) A voidable contract is a contract that, a. like a void contract, never exists so as to give rise to rights under it. b. unlike a void contract, cannot be rectified. c. unlike a void contract, exists but does not give rise to legal rights. d. unlike a void contract, exists but can only be set aside by agreement of the parties to it. e. unlike a void contract, exists but can be set aside at the option of one of the parties to it.

e

20) Rectification will be ordered where a. there is a complete unambiguous agreement that was recorded incorrectly. b. the parties wish to change certain terms in the contract. c. one of the parties to the contract lacks legal capacity. d. the offeror misrepresented certain facts. e. the wrong party performs the contract

A

55) Regarding misrepresentation in a sale of land, a. the purchaser must take it with all its faults. b. all defects must be revealed. c. rescission is liberally given for misrepresentation. d. caveat emptor. e. the seller is required to disclose all interests in ownership.

A

47) Misrepresentation can affect the contract only if the misrepresentation is a. known by the defendant. b. negligent or fraudulent. c. in writing, not oral. d. prior to the contract negotiations. e. a statement of fact, not opinion.

E

21) When a court grants rectification of a contract, it a. declares a contract to be unenforceable. b. changes the part of the document that was incorrect in the written document. c. sets aside the contract. d. declares the contract to be voidable. e. interprets the contract for the parties.

B

22) A pleas of non est factum a. is applicable only where both parties have made a mistake. b. means it is not my doing. c. is not a good defence against third parties. d. means the contract is not correct. e. can only be raised if there is a misrepresentation.

B

35) Use the fact situation in Q33 to answer the related question that follows. Referring to the above fact situation, in a lawsuit by Alice against Marvin, Alice will seek a. damages in tort. b. rescission in contract and damages in tort. c. damages in contract. d. rescission in tort. e. rescission in contract.

B

45) Damages are not generally awarded in cases of innocent misrepresentation; however, "out-of-pocket" expenses might be awarded. These are referred to as a. expense benefits. b. compensation or indemnity. c. trivial damages. d. an expense supplement. e. rescission expenses.

B

46) Cindy bought a car from Ben, who had bought it from John. When Ben bought the car, John lied to Ben and told him that the car had a new engine. As a result, believing that the engine was new, Ben told this to Cindy. Before she bought the car, Cindy had her mechanic inspect it and when Cindy asked him about the engine, he got her car confused with another customer's car and told her that it did indeed have a new engine. Cindy, who has owned the car for two months, has just discovered that the engine is not new and will need to be replaced soon. What remedy or remedies would Cindy most likely be entitled to and why? a. rescission only from Ben for breach of contract b. damages from the mechanic for negligent misrepresentation c. rescission and damages from Ben for fraudulent misrepresentation d. rescission from the mechanic for negligent misrepresentation e. damages only from Ben for fraudulent misrepresentation

B

49) Linda took out a new auto insurance policy. She signed without reading each of the papers presented to her by the agent. What she didn't realize was that the insurance only covered accidents on "public roads." This term in no way was brought to her attention nor explained. A few days later she got into a serious accident in a large housing development where the roads had not as yet been turned over to the municipality. The insurance company refused to pay the claim. Can Linda get damages under misrepresentation? a. Yes, she can, since Linda is fully aware of the distinction between public and private. b. Yes, she can, since this is an example of misrepresentation by omission. c. No, she can't, because Linda is presumed to have read and understood the document. d. Yes, she can, since the terms correspond to commonly understood principles. e. No, she can't, because this is a standardized document that has been fully approved.

B

56) An innocent party can lose her or his right to repudiate a contract made with undue influence by a. declaring that the special relationship between the parties no longer exists. b. not repudiating promptly after coming out from under the undue influence. c. tearing up the contract before its execution. d. physical retaliation after the contract's formation. e. reversing the role of the dominant party.

B

57) With the issue of undue influence, what must the victim do to shift the burden of proof to the dominant party? a. show the unfairness of the bargain b. show that circumstances likely were to lead to undue influence c. show there was "constructive fraud" d. indicate how the decision would be different without the influence e. give prima facie evidence

B

26) If, at the time a contract was made, the subject matter did not exist, without the knowledge of the seller, the contract is a. a mistake in terms of fact and not assumption. b. subject to the tort of deceit. c. void, according to the Sale of Goods Act as well as under the common law. d. valid; the purchaser stands the loss. e. voidable at the option of the court.

C

29) Use the fact situation in Q28 to answer the related question that follows. Change the fact situation by assuming that Edward's conduct towards his father is designed to make his father enter into a contract with a third party. Also assume that Mary and George convince John that what Edward has been telling him about how they feel about him was a lie. In this situation, the contract is a. valid but unenforceable by the third party. b. void. c. voidable at the option of John only. d. voidable at the option of the third party. e. voidable at the option of John, Mary, and George.

C

31) Use this fact situation to answer the related questions that follow it. John lives with his wife, Mary, and regularly beats her, leaving Mary in a constant state of fear when John is around. John needs to borrow some money for his business, and so he goes to his bank and meets with the manager, who agrees to loan him the money, but only if both John and his wife sign a guarantee of the loan. John signs the guarantee in front of the manager and then takes it home to be signed by Mary. At home, John tells Mary to sign the guarantee "or else you know what will happen to you," so Mary signs the guarantee. Mary's signing the guarantee under these circumstances is a classic example of a. assault. b. fraud. c. duress. d. undue influence. e. diminished capacity.

C

42) Jaime has agreed to buy Steve's 4x4 truck. When Steve used the truck last, it ran quite well, so he says "it is in good condition." Unfortunately, the truck sat in the humid weather for some time and the head gasket had rotted away to where the truck won't run. What, legally, should Jaime do? a. nothing, since statements of opinion do not amount to misrepresentation b. sue for breach; the contract was corrupted by undue influence c. promptly demand rescission of the contract d. sue for fraudulent misrepresentation e. nothing, since this is a clear case of caveat emptor

C

43) Albert has agreed to sell his car to Larry for $14 000.00. Albert told Larry that the car had never been in an accident, was in good condition, and drove like a dream. Albert knew that this was untrue, but wanted to get as much money as he could for the car. In fact, the car had been in two accidents, had substantial frame damage, and could not be driven safely on the road. Assume that Harry had no way of checking on the condition of the car and that the principle of caveat emptor does not apply. In this situation, Albert's statement about the car is a. a negligent misrepresentation. b. an innocent misrepresentation. c. a fraudulent misrepresentation. d. a mere invitation to treat. e. none of the above

C

50) Brandy wants to buy a car. Her credit rating will not allow her to borrow from a bank, so she goes to a private lender. This lender asks her to sign a contract that has lots of restrictive terms, which he rushes by without explaining or allowing her to read them. What is the issue? a. innocent misrepresentation b. undue influence c. misrepresentation by omission d. fraudulent misrepresentation e. duress

C

51) In law, "utmost good faith" means a level of trust in a. not using undue influence. b. not making false assertions. c. disclosing all pertinent information concerning the contract. d. only giving factual statements. e. being aboveboard with all affairs.

C

58) Paul, a poor farmer, has just learned he has a serious medical problem. The medication needed is extremely expensive and not covered by medical insurance. Hearing of his plight, the next-door neighbour offers to buy Paul's prize steer, but at half its value. Paul feels he has no choice but to sell the steer, because he needs the money, so he agrees to sell it for half its value. Legally speaking, what has this neighbour done? a. failed to act in the "utmost good faith" b. committed a morally objectionable, yet perfectly legal, act c. exerted undue influence over Paul d. coerced Paul into selling under duress e. exploited a "special relationship"

C

60) Guido is an unsavory money lender who charges 35 percent interest. Upon learning that Sylvia, one of his clients, had become unable to make her weekly payment, Guido tells her that he has "a way of dealing with defaulters where they think twice next time." She then promptly signs a contract agreeing to a 50 percent rate over a longer period of time. Sylvia now wants to get out of this second contract. As a lawyer, what should you advise Sylvia to do? a. nothing, but pay the debt at 50 percent; the contract is enforceable b. claim that she entered because of constructive fraud c. claim that she entered the contract under duress d. claim that she entered into the contract under undue influence e. claim that she entered under dire circumstances

C

10) Use this fact situation to answer the questions that follow. A has two Corvette Stingray automobiles, one built in 1965 and the other built in 2009. Generally speaking, both cars are worth approximately the same amount (about $70 000.00). A now wants to sell the 1965 Corvette and to this end begins negotiations with B, who knows that A owns both a 1965 and a 2009 Corvette. In discussions with B, A says "I'm thinking of selling my Corvette for $65 000.00." B believes A is talking about his 2009 Corvette, so B says "I'll buy it at that price," and pays A the $65 000.00. Later A calls B asking him when he is going to pick up the 1965 Corvette. Having thought that he was buying the 2009 Corvette, B now tells A he wants his money back. In this situation, a. only B has made a mistake, and he can seek rectification of the contract and get the 2009 Corvette from A. b. only B has made a mistake as to the subject matter of the contract, so he cannot get his money back if A delivers the 1965 Corvette. c. both A and B have made a mistake as to the subject matter of the contract, and the contract is voidable. d. both A and B have made a mistake as to the subject matter of the contract, and the contract is void. e. only A has made a mistake as to the subject matter of the contract, so B cannot get out of the contract so long as A delivers the 1965 Corvette.

D

13) A has a Tom Thomson painting that he wishes to sell. A has heard that B is an art lover and takes very good care of the paintings of Canadian masters. As a result, A decides that he will only contract with B. So he calls B and they make a deal over the telephone. Unfortunately, B's servant C overhears the conversation and before B can get to A's house, C arrives there pretending to be B. A sells the painting to C believing that C is B. Just after C leaves A's house, B shows up and A realizes his error. This situation is a classic example of a. breach of contract. b. fraud or deceit. c. mistake by both parties as to the subject matter of the contract. d. unilateral mistake as to identity. e. all of the above

D

14) Which of the following is not a condition that must be met by a plaintiff who request rectification of a contract? a. The plaintiff must satisfy the court that there was a complete agreement between the parties, free from ambiguity. b. The plaintiff must establish that the parties did not engage in further negotiations to amend the contract. c. The plaintiff must satisfy the court that the agreement is not subject to, or conditional on, any further adjustments. d. The plaintiff must satisfy the court that all attempts to reach some understanding between the parties have failed. e. The plaintiff must establish that the change in the written document appears to be an error in the recording of the document and is easily explained as such.

D

23) McKenzie purchases goods from Dormond. Later McKenzie goes to court and the court declares that the contract between McKenzie and Dormand is void. This means that a. Dormond has to return all money received from McKenzie, but McKenzie does not have to return the goods. b. the court has declared that there was a valid contract between Dormond and McKenzie from the date of the purchase until the date of the Court ruling. c. the court has declared that Dormond breached the contract. d. McKenzie can return all or the remainder of the goods to Dormond in exchange for reimbursement of payment. e. McKenzie can keep the goods and can demand his money back from Dormond.

D

25) James purchases an antique chair at a garage sale for $150.00. Later he sells it to Jacqueline for $300 and makes a nice profit. A few months later the Antiques Road Show comes to town and Jacqueline takes the chair to the show to be valued. She is advised that the chair dates as far back as 1866 and is worth approximately $5000. Which of the following is true? a. James made a mistake about the value of the chair and so the contract will be set aside by a court. b. James did not make a legal mistake because he was careless in determining the right price. c. James can plead non est factum. d. James did not make a mistake about the value of the chair because the radically different price is one of the risks expected in the contract. e. If Jacqueline sells the chair, the court will order that Jacqueline pay a portion of the proceeds of sale to James because James made a mistake.

D

28) Use this fact situation to answer the related questions that follow it. John Jones is an 80-year-old man who lives in Ontario. Two years ago, John made a will in which he left one-third of his entire estate (all of his assets) to each of his three children, Mary, George, and Edward. Harry told the children what he was leaving them just after he made his will. Since that time, Edward has been unhappy about getting only one-third of his father's estate, and for the past two years he has been telling his father that Mary and George really hate their father and cannot wait until he dies. Lately John has become ill, and because Edward is the only son in Ontario, he has been taking care of his father. Each time that Edward sees his father, which is two to three times a week, he reminds him about Mary's and George's feelings towards him and tells John that he is the only child who really loves his father. John, seeing how much care Edward is giving him, begins to believe Edward and decides to make a new will in which he leaves his entire estate to Edward and nothing to Mary and George. George's changing his will under these circumstances is a classic example of a. duress by Edward. b. fraud by Edward. c. deceit by Edward. d. undue influence by Edward. e. misrepresentation by Edward.

D

32) Use the fact situation in Q30 to answer the related question that follows. Using the fact situation above, assume that shortly after signing the guarantee, Mary leaves John so that he can no longer abuse her and decides that she really should not have to guarantee John's loan. If Mary acts quickly by bringing a lawsuit against the bank, Mary may succeed because a. the guarantee is unenforceable. b. the guarantee is void. c. the guarantee is voidable at both her option and the bank's option. d. the guarantee is voidable if Mary acts immediately to repudiate it. e. all of the above

D

36) If an incident of misrepresentation is neither fraudulent nor negligent, yet it resulted in harm, then a. a claim of tort can only be made with evidence the victim relied on the misrepresentation. b. the victim's one hope is to show that a provision in the contract was misrepresented. c. it is innocent misrepresentation, which has no legal significance d. it does not qualify for a tort action. e. the victim is guilty of having unreasonable reliance on the misrepresentation.

D

38) If a party to an existing contract discovers he or she had made an incorrect statement during the contract negotiations, then he or she should a. rescind the contract immediately. b. declare the contract voidable at the option of the other party. c. call his or her lawyer before he or she is sued for negligent misrepresentation. d. inform the other party of the true situation as soon as possible. e. offer to make allowances for any misunderstandings.

D

41) Christi was told by the store's produce manager that the oranges were of a variety that had a extremely high level of vitamin C. So she bought a case for her health club's garden party. At the party, the guests enjoyed eating up all the oranges. When Christi was next in the store, the manager corrected his prior statement, saying the oranges were of a different variety than what he had thought. Does Christi have a legal claim for rescission? a. Yes, she does, because it is the only legal avenue to pursue. b. Yes, she does, because this is innocent misrepresentation. c. Yes, she does, since the store admits to the error. d. No, she doesn't, because rescission is impossible. e. No, she doesn't, because this is a case for damages.

D

48) Dot sold her land to Seth. Three weeks before making the contract, she told Seth that the well on the property has a flow of 40 litres per minute. Dot had obtained the information from a certified water surveyor. Two months after taking title to the property, Seth discovered that the flow in the well was only 4 litres per minute. What remedy might Seth be entitled to from Dot? a. damages only b. damages and rescission c. damages or rescission d. no remedy e. rescission

D

52) Regarding insurance contracts, utmost good faith is important because a. insurance records follow the policy holder for life. b. the insurance company is in a position of superior knowledge. c. the insured must calculate her or his risks. d. third parties may be involved—especially with liability policies. e. without it, there is fraudulent omission.

D

11) Use the fact situation in Q10 to answer the related question that follows. Based on the above fact situation, the court will a. restore A and B to their original positions before the contract. b. make B give back the car. c. rescind the contract. d. make A give back the money. e. all of the above

E

33) Use the fact situation in Q30 to answer the related question that follows. Assume that before Mary signs the guarantee, she sees a lawyer for independent legal advice. Assume also that just before she signs the guarantee, the lawyer asks her if she is signing the guarantee freely and without threat of harm, duress, or undue influence and that Mary replies, "Yes, I am signing it freely and without threat of harm, duress, or undue influence." In these circumstances, if Mary changes her mind and does not want to be bound by the guarantee, a. she will succeed because the bank cannot rely on the independent legal advice she received. b. she will succeed because the guarantee is void for duress. c. she will not succeed because of the doctrine of caveat emptor. d. she will succeed because the guarantee is voidable for duress. e. she will not succeed because the bank can rely on the independent legal advice she received.

E

34) Use this fact situation to answer the related questions that follow it. Marvin is an investment counsellor. Alice is one of Marvin's clients. Alice has no investment experience and relies on Marvin's advice in making her investments. Last night, while he was sleeping, Marvin had a dream that the shares of Very Big Company (VBC) would go up a great amount in value. As a result, without even checking to ensure that VBC was a good company to invest in, this morning Marvin called Alice and told her to put all of her money into VBC, which Alice did. Later that day VBC declared bankruptcy and Alice lost all of her money. In these circumstances, Marvin's advice to Alice is a. an example of undue influence. b. an innocent misrepresentation. c. a fraudulent misrepresentation. d. a mistake. e. a negligent misrepresentation.

E

37) The parking enforcement officer gave Jim a parking ticket. But as it turns out, the NO PARKING sign had been placed in error on private property. Can Jim recover damages in a tort action? a. No, he can't, since damages are not of a pecuniary nature. b. Yes, he can, since he was terribly inconvenienced by this affair. c. Yes, he can, because the ticket was totally misrepresented. d. Yes, he can, because no negligence or fraud is present. e. No, he can't, since there was no fraud nor carelessness on the part of the parking enforcement officer.

E

53) Kevin was desperate to save his business records and equipment from the rising flood waters. Just then, a stranger with a large truck drove by, and Kevin, feeling that he had little choice, said, "I'll give you your choice of my equipment if you help me save my business records and equipment." The stranger agreed and chose some equipment and a laptop computer. After the flood, Kevin demanded everything back. The stranger refused to return the new laptop computer. On what legal grounds can Kevin get his computer back? a. undue influence b. duress c. coercion d. dire circumstances e. no basis; this is a valid contract that has fair consideration on both sides

E

54) With respect to sale of goods, the doctrine of caveat emptor offers buyers the right to rescind the contracts in situations where a. both a dominant and subservient party exist. b. there is a clear title in the sale of goods. c. one party is in a vastly superior position of knowledge with respect to some matter that is of vital importance to the other party. d. there is an unconscionable transfer of goods. e. there is a failure to disclose a problem with the ownership of goods.

E

5) Use the fact situation in Q4 to answer the related question that follows. Based on the fact situation above, to ensure that A's argument succeeds and he gets the house from B, A will ask the court for a. rectification. b. an injunction. c. rescission. d. specific performance. e. damages.

a

3) An innocent party can lose her or his right to repudiate a contract formed as a result of undue influence by a. physical retaliation after the contract's formation. b. not repudiating promptly after being freed from the domination. c. tearing up the contract before its execution. d. reversing the role of the dominant party. e. declaring that the special relationship between the parties no longer exists.

b

1) Contracts between parties of unequal bargaining power that are unfairly advantageous to the powerful parties have long been considered a. bilateral contracts and void. b. unilateral contracts and voidable. c. unconscionable contracts and voidable. d. non est factum. e. contrary to the Criminal Code of Canada.

c

2) In executing its discretion to grant relief when a party makes a mistake about terms, a. the court will correct the document. b. the court will determine the burden of proof. c. the court will consider the hardship that will be suffered by each party. d. the court will adopt the position of the plaintiff. e. the court will determine each party's interpretation of the terms.

c

7) A agrees to buy 1000 shares in a telephone company from B for $3.00 a share. A believes that the value of the shares in the company is going to go up to $15.00 in a day or two. However, B believes that the value of the shares is going to go down to $1.50 and wants to get as much money as he can. Unknown to either A or B, at the time of the agreement, the value of the company and thus the shares has dropped below $1.50, to $0.75. A now wishes to get out of the agreement. In this case, a. A will succeed because A was mistaken about the value of the shares in the company and has been adversely affected. b. A will succeed because there was a mistake as to the subject matter of the contract and A has been adversely affected. c. A will not succeed because A was adversely affected and took a risk about the company and the value of its shares. d. A will succeed because a change in circumstances of the company does not affect the agreement. e. A will not succeed because both A and B took a risk about the value of the shares in the company.

c

4) Use this fact situation to answer the related questions that follow it. A and B are negotiating a settlement under which A is to give B money and in return B is to give A his house and his car. The negotiations are by faxes back and forth between A and B, who agree to put the settlement in writing. A prepares the written settlement agreement, which, unfortunately, does not refer to his house, so B quickly signs it. In this situation, if A argues that the house was part of the settlement and was left out by mistake, a. B need not give his house to A, because there really was no error by A at all. b. B need not give his house to A, because the written settlement agreement superseded the negotiations. c. B need not give his house to A, because it was not reasonable for A to have relied on the house as part of B's settlement obligation. d. B must give his house to A, because B knew of A's error and took advantage of it. e. B need not give his house to A, because that term is not in the written contract.

d

6) If a preliminary bargaining statement is expected to influence the decision of the other party, then it is said to be ___________ to the contract. a. subject b. tangible c. consequential d. substance e. material

e

8) A contract that is void a. is one that exists, but by reason of some mistake can be set aside. b. is one that exists, but is merely unenforceable. c. is one that does not exist, but can still be set aside. d. is one that does not exist unless a party wants it to, at which time it becomes enforceable. e. is one that never exists so as to give rise to rights under it.

e