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Multiple Choice Quiz
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1
Legal __________ is defined as a promise to buy or sell that the courts will require the parties to obey.
A)Dissent
B)Ascent
C)Assent
D)None of the above
2
A __________ mistake is the result of an error by one party about a material fact.
A)Bilateral
B)Uniform
C)Unilateral
D)Void
3
A __________ mistake is an error made by both parties to the agreement.
A)Mutual
B)Uniform
C)Unilateral
D)Void
4
All but which of the following conditions would permit a court to invalidate a contract on the grounds of unilateral mistake?
A)One party made a mistake about a material fact, and the other party either knew or had reason to know about the mistake
B)The mistake was caused by a clerical error that did not result from gross negligence
C)The mistake was so serious that the contract is conscionable
D)All of the above are appropriate reasons for invalidating a contract on the grounds of unilateral mistake
5
For a mutual mistake to interfere with legal consent it must involve all but which of the following?
A)A basic assumption about the subject matter of the contract
B)A non-material effect on the agreement
C)An adverse effect on a party who did not agree to bear the risk of mistake at the time of the agreement
D)All of the above would interfere with legal consent
6
A __________ is an untruthful assertion by one of the parties about a material fact.
A)Mistake
B)Misrepresentation
C)Rescission
D)Ratification
7
A(n) __________ results from a false statement about a fact material to an agreement that the person making the statement believed to be true.
A)Mistake
B)Fraudulent misrepresentation
C)Innocent misrepresentation
D)None of the above
8
In some contract negotiations, one party makes a statement of material fact that he or she thinks is true. If he or she could have known the truth by using reasonable care to discover or reveal it, the statement is a(n) __________ misrepresentation.
A)Innocent
B)Scienter-based
C)Negligent
D)Fraudulent
9
Which of the following is not an essential element for a finding of fraudulent misrepresentation?
A)A false statement about a past or existing fact that is material to the contract
B)Intent to deceive
C)Unjustifiable reliance on the false statement by the innocent party to the agreement
D)All of the above are essential elements for a finding of fraudulent misrepresentation
10
__________ occurs when one party is forced into an agreement by the wrongful act of another.
A)Advantageous influence
B)Due influence
C)Undue influence
D)Duress







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