Question 1

There are two types of mistakes: mutual and unilateral.

Accepted Answer

This statement is true. Mutual mistakes occur when both parties to a contract make the same mistake, while unilateral mistakes occur when only one party makes a mistake.

Question 2

Fraud and misrepresentation are the only two methods of destroying mutual assent.

Accepted Answer

Mutual assent can be destroyed through other means as well, such as duress, undue influence, and mistake, in addition to fraud and misrepresentation.

Question 3

Undue influence cases are common in which of the following?&#10;A)Misrepresentation&#10;B)Unconscionable contracts&#10;C)Fiduciary relationships&#10;D)None of the above

Accepted Answer

Undue influence is often associated with fiduciary relationships where one party holds a position of trust and can influence the decisions of the other party.

Question 4

Substantive unconscionability lacks meaningful choice by one party to a contract.

Accepted Answer

Substantive unconscionability refers to the actual terms of the contract being unfairly one-sided, while procedural unconscionability involves a lack of meaningful choice by one party.

Question 5

Oppressive or overly harsh contracts create _________ contracts.&#10;A)procedural unconscionable&#10;B)substantive unconscionable&#10;C)mirror image&#10;D)adhesion

Accepted Answer

Oppressive or overly harsh contracts are considered substantively unconscionable, meaning that the actual terms of the contract are unconscionable. Procedural unconscionability refers to the process by which the contract was formed, such as unequal bargaining power or lack of opportunity to read or negotiate the terms. Mirror image refers to a type of contract formation where both parties offer identical terms, and adhesion refers to a contract where one party has significantly more bargaining power and the other party has little to no bargaining power.

Question 6

Misrepresentation is defined as&#10;A)a deliberate misstatement of fact.&#10;B)an innocent misstatement of fact.&#10;C)no misstatement of fact.&#10;D)a slight misstatement of fact.

Accepted Answer

The answer of Misrepresentation is defined as&#10;A)a deliberate misstatement of...

Question 7

A public policy argument for rescinding a contract is which of the following?&#10;A)Fraud&#10;B)Unconscionability&#10;C)Misrepresentation&#10;D)Mistake

Accepted Answer

Unconscionability is a public policy argument for rescinding a contract because it involves situations where the terms of a contract are so unjust or overwhelmingly one-sided in favor of the party who has the superior bargaining power that they are contrary to good conscience.

Question 8

Adhesion contracts are generally considered unconscionable contracts.

Accepted Answer

Adhesion contracts are pre-written contracts that are presented to the consumer on a take-it-or-leave-it basis, without any options for negotiation. They are typically written by the business or entity with greater bargaining power and are often one-sided, unfair, and oppressive. As a result, they are generally considered unconscionable contracts and may be unenforceable.

Question 9

Mutual assent is a meeting of the minds.

Accepted Answer

Mutual assent is the agreement of the parties involved in a contract or deal. It involves all parties understanding and agreeing to the terms and conditions of the contract. This is often referred to as a "meeting of the minds." Therefore, option A is correct.

Question 10

Fraud constitutes a method of&#10;A)destroying mutual assent.&#10;B)consummating a contract.&#10;C)all of the above.&#10;D)none of the above.

Accepted Answer

Fraud is a method of destroying mutual assent, as it involves one party intentionally deceiving another party in order to induce them to enter into a contract. It undermines the principle of free and informed consent that is necessary for a contract to be valid. It does not consummate a contract, as it invalidates the agreement. Therefore, the correct answer is A.

Question 11

To determine whether mutual assent exists, the court will apply a(n)_______ standard.&#10;A)privity&#10;B)subjective&#10;C)objective&#10;D)mutual

Accepted Answer

The answer of To determine whether mutual assent exists, the...

Question 12

An adhesion contract is considered&#10;A)unconscionable.&#10;B)fair.&#10;C)bait and switch.&#10;D)all of the above.

Accepted Answer

The answer of An adhesion contract is considered&#10;A)unconscionable.&#10;B)fair.&#10;C)bait and switch.&#10;D)all...

Question 13

A mistake can occur when&#10;A)both parties are wrong about a fact.&#10;B)one party is wrong about a fact.&#10;C)all of the above.&#10;D)none of the above.

Accepted Answer

The answer of A mistake can occur when&#10;A)both parties are...

Question 14

Misrepresentation is a misstatement of fact made deliberately by a party.

Accepted Answer

The answer of Misrepresentation is a misstatement of fact made...

Question 15

Methods of destroying mutual assent in a contract include which of the following?&#10;A)Duress&#10;B)Undue influence&#10;C)Fraud&#10;D)All of the above

Accepted Answer

The answer of Methods of destroying mutual assent in a...

Question 16

Procedural unconscionability lacks meaningful choice by one party to a contract.

Accepted Answer

The answer of Procedural unconscionability lacks meaningful choice by one...

Question 17

A method of destroying mutual assent is fraud in the contract.

Accepted Answer

The answer of A method of destroying mutual assent is...

Question 18

In order to prove economic duress, it must be proven that&#10;A)wrongful conduct exists.&#10;B)an injured party acts against their free will.&#10;C)financial hardship exists.&#10;D)all of the above.

Accepted Answer

The answer of In order to prove economic duress, it...

Question 19

In a duress case, you do not have to prove coercion.

Accepted Answer

The answer of In a duress case, you do not...

Question 20

Undue influence arises out of a confidential relationship.

Accepted Answer

The answer of Undue influence arises out of a confidential...

Question 21

Match between columns&#10;                        Premises: A person in a position of trust. &#10;A person in a position of trust. &#10;A person in a position of trust. &#10;A person in a position of trust. &#10;A person in a position of trust. &#10;A person in a position of trust. &#10;A person in a position of trust. &#10;A person in a position of trust. &#10;A person in a position of trust. &#10;A person in a position of trust. &#10;Wrongful pressure placed upon a person in a confidential relationship. &#10;Wrongful pressure placed upon a person in a confidential relationship. &#10;Wrongful pressure placed upon a person in a confidential relationship. &#10;Wrongful pressure placed upon a person in a confidential relationship. &#10;Wrongful pressure placed upon a person in a confidential relationship. &#10;Wrongful pressure placed upon a person in a confidential relationship. &#10;Wrongful pressure placed upon a person in a confidential relationship. &#10;Wrongful pressure placed upon a person in a confidential relationship. &#10;Wrongful pressure placed upon a person in a confidential relationship. &#10;Wrongful pressure placed upon a person in a confidential relationship. &#10;Wrongful pressure placed upon a party depriving him or her of free will. &#10;Wrongful pressure placed upon a party depriving him or her of free will. &#10;Wrongful pressure placed upon a party depriving him or her of free will. &#10;Wrongful pressure placed upon a party depriving him or her of free will. &#10;Wrongful pressure placed upon a party depriving him or her of free will. &#10;Wrongful pressure placed upon a party depriving him or her of free will. &#10;Wrongful pressure placed upon a party depriving him or her of free will. &#10;Wrongful pressure placed upon a party depriving him or her of free will. &#10;Wrongful pressure placed upon a party depriving him or her of free will. &#10;Wrongful pressure placed upon a party depriving him or her of free will. &#10;The doctrine of caveat emptor. &#10;The doctrine of caveat emptor. &#10;The doctrine of caveat emptor. &#10;The doctrine of caveat emptor. &#10;The doctrine of caveat emptor. &#10;The doctrine of caveat emptor. &#10;The doctrine of caveat emptor. &#10;The doctrine of caveat emptor. &#10;The doctrine of caveat emptor. &#10;The doctrine of caveat emptor. &#10;A contract that shocks public sensibilities and is oppressive. &#10;A contract that shocks public sensibilities and is oppressive. &#10;A contract that shocks public sensibilities and is oppressive. &#10;A contract that shocks public sensibilities and is oppressive. &#10;A contract that shocks public sensibilities and is oppressive. &#10;A contract that shocks public sensibilities and is oppressive. &#10;A contract that shocks public sensibilities and is oppressive. &#10;A contract that shocks public sensibilities and is oppressive. &#10;A contract that shocks public sensibilities and is oppressive. &#10;A contract that shocks public sensibilities and is oppressive. &#10;An innocent misstatement of fact. &#10;An innocent misstatement of fact. &#10;An innocent misstatement of fact. &#10;An innocent misstatement of fact. &#10;An innocent misstatement of fact. &#10;An innocent misstatement of fact. &#10;An innocent misstatement of fact. &#10;An innocent misstatement of fact. &#10;An innocent misstatement of fact. &#10;An innocent misstatement of fact. &#10;A deliberate misstatement of fact. &#10;A deliberate misstatement of fact. &#10;A deliberate misstatement of fact. &#10;A deliberate misstatement of fact. &#10;A deliberate misstatement of fact. &#10;A deliberate misstatement of fact. &#10;A deliberate misstatement of fact. &#10;A deliberate misstatement of fact. &#10;A deliberate misstatement of fact. &#10;A deliberate misstatement of fact. &#10;The meeting of the minds of the parties in a contract. &#10;The meeting of the minds of the parties in a contract. &#10;The meeting of the minds of the parties in a contract. &#10;The meeting of the minds of the parties in a contract. &#10;The meeting of the minds of the parties in a contract. &#10;The meeting of the minds of the parties in a contract. &#10;The meeting of the minds of the parties in a contract. &#10;The meeting of the minds of the parties in a contract. &#10;The meeting of the minds of the parties in a contract. &#10;The meeting of the minds of the parties in a contract. &#10;Wrongful existence of a material fact to a contract by one party. &#10;Wrongful existence of a material fact to a contract by one party. &#10;Wrongful existence of a material fact to a contract by one party. &#10;Wrongful existence of a material fact to a contract by one party. &#10;Wrongful existence of a material fact to a contract by one party. &#10;Wrongful existence of a material fact to a contract by one party. &#10;Wrongful existence of a material fact to a contract by one party. &#10;Wrongful existence of a material fact to a contract by one party. &#10;Wrongful existence of a material fact to a contract by one party. &#10;Wrongful existence of a material fact to a contract by one party. &#10;Wrongful existence of a material fact to a contract by both parties. &#10;Wrongful existence of a material fact to a contract by both parties. &#10;Wrongful existence of a material fact to a contract by both parties. &#10;Wrongful existence of a material fact to a contract by both parties. &#10;Wrongful existence of a material fact to a contract by both parties. &#10;Wrongful existence of a material fact to a contract by both parties. &#10;Wrongful existence of a material fact to a contract by both parties. &#10;Wrongful existence of a material fact to a contract by both parties. &#10;Wrongful existence of a material fact to a contract by both parties. &#10;Wrongful existence of a material fact to a contract by both parties.

Accepted Answer

The Answer of misrepresentation and mutual mistake and mutual assent is...

Deck 5: Mutual Assent of the Parties