Chapter 11: Conduct Invalidating Assent

Question 1

Duress

Answer 1

Wrong school or unlawful act or threat that overcomes the free will have a party.

Question 2

Physical duress

Answer 2

Coercion involving physical force renders the agreement avoid.

Question 3

Improper threats

Answer 3

Improper threats or ask, including economic and social coercion, render the contract avoidable.

Question 4

Undue influence

Answer 4

The unfair persuasion of a person by a party in a dominant position based on a relationship of trust and confidence.

Question 5

Fraud in the execution

Answer 5

I miss representation that to see if the other party as she’s a very nature of the contract; renders agreement void.

Question 6

Fraud in the inducement

Answer 6

Misrepresentation regarding the subject matter of a contract that induces the other party to enter into the contract; renders the contract avoidable.

Question 7

Misrepresentation

Answer 7

Some positive statement or conduct that is not in accord with the facts.

Question 8

Concealment

Answer 8

Action taken to keep another from learning of a fact.

Question 9

Fiduciary

Answer 9

Person who owns a duty of trust, loyalty, and confidence to another.

Question 10

Fact

Answer 10

And event that took place or a thing that exists.

Question 11

Opinion

Answer 11

Believe in the existence of a fact or a judgment as to value.

Question 12

Puffing

Answer 12

Sales talk that is considered general bragging or overstatement.

Question 13

Material

Answer 13

Of substantial importance; likely to induce a reasonable person to enter into the contract.

Question 14

Scienter

Answer 14

Guilty knowledge

Question 15

Justifiable reliance

Answer 15

Reliance reasonably influenced by the misrepresentation.

Question 16

Negligent misrepresentation

Answer 16

Made without knowledge of its falsity and without due care.

Question 17

Innocent misrepresentation

Answer 17

Misrepresentation made without knowledge of its falsity but with due care.

Question 18

Mistake

Answer 18

And understanding that is not in accord with existing fact.

Question 19

Mutual mistake

Answer 19

Both parties have a common but erroneous belief forming the basis of a contract.

Question 20

Unilateral mistake

Answer 20

Erroneous belief on the part of only one of the parties to a contract.

Question 21

Assumption of risk of mistake

Answer 21

A party may assume the risk of a mistake.

Question 22

Effect of fault upon mistake

Answer 22

Not a bar to avoidance unless the fault amounts to a failure to act in good faith.