29.
(p. 391)
Which of the following is true regarding the effect of an innocent misrepresentation on a
contract?
30.
(p. 397)
Which of the following was the result on appeal in the case of
Evan Rothberg v. Walt
Disney Pictures,
the case in the text in which the defendant allegedly used undue influence to
obtain a release of employee benefits from a person in the hospital dying of AIDS?
31.
(p. 388)
Which of the following is true on appeal regarding the case of
Mary W. Scott v. Mid–
Carolina Homes Inc.,
discussed in the “Case Nugget” in which the plaintiff sued to recover
damages after a salesperson allegedly mistakenly agreed to sell a mobile home to her for a price
that was too low, later told her the mobile home could not be sold because of a bent frame, and
then proceeded to sell it for a higher price to other buyers?
32.
(p. 392)
In China which of the following is true regarding the treatment of fraudulent
misrepresentations by outsiders?
33.
(p. 392)
A[n] ______ is a false representation of a material fact that is consciously false and
intended to mislead the other party.
34.
(p. 394)
Which of the following involves the active hiding of the truth about a material fact?
35.
(p. 394)
Which of the following refers to an intentional failure to provide pertinent information
about a projected contract?
36.
(p. 386)
In determining whether a mistake of fact occurred, what of the following is true?
37.
(p. 396)
Which of the following refers to special relationships in which one person has taken
advantage of his or her dominant position in a relationship to unduly persuade the other person?
38.
(p. 397)
Which of the following is found when one party was forced into an agreement by the
wrongful act of another?
39.
(p. 397)
Which of the following is involved in a situation in which a person refuses to perform
according to a contract unless the other person either signs another contract with the one
making the threat or pays that person a higher price than was specified in the original
agreement?
40.
(p. 388)
Mary and Jason discuss the fact that a new teacher is being hired for business law at
their school. Jason mentions that he does not yet have a book, and Mary agreed to sell Jason a
used business law book for $30 for the upcoming semester. When the new semester begins, the
new business law teacher announces that a new custom business law text will be used that is
only available in the campus bookstore. Jason wants a refund. Which of the following is Mary’s
best defense?
41.
(p. 397)
Which of the following occurs when a party threatens to file a criminal lawsuit unless
consent is given to the terms of a contract?
42.
(p. 387)
Selma agreed to buy a used car from Hillary for $2,000. Hillary drew up the contract
providing that the exchange would occur the next week. Unfortunately, Hillary was not very good
with the keyboard and typed in $1,200 as the price of the car. Selma noticed that the contract
said $1,200, not $2,000, and was very pleased. She signed it without saying anything. When it
was time to make the exchange, Selma gave Hillary $1,200. In response to Hillary’s inquiry
regarding an additional $800, Selma pulled out the contract and showed her that it said $1,200.
Hillary immediately responded that she had made a typographical error. Selma said that there
was no mistake on her part because she knew exactly what she was doing and that she thought
that Hillary had decided to give her a deal on the car. Which of the following is Hillary’s best
argument for a rescission of the contract?
43.
(p. 393)
Which of the following was the result on appeal in the case in the text,
Gary W. Cruse and
Venita R. Cruse v. Coldwell Banker/Graben Real Estate Inc.,
in which the court considered
whether the plaintiffs could prevail based on alleged misrepresentations by a salesman that a
house was new when it was actually not new leading the plaintiffs to forego a home inspection?
44.
(p. 398)
When duress is at issue, the _____ needed for legal consent has been removed by the
specifics of the threat.
45.
(p. 398)
Which of the following occurs when one of the parties to a contract has so much more
bargaining power than the other that he or she dictates the terms of the agreement?
46.
(p. 398)
The resulting contract from an agreement reached because one of the parties has so
much more bargaining power than the other that he or she dictates the terms of the agreement is
called which of the following?
47.
(p. 398)
Which of the following occurs in Australia whenever an illegitimate threat is made to hold
on to goods unless a payment is made or an agreement is entered into?