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Often a Party to a Contract Wants to Avoid His

Question 26

Multiple Choice

Often a party to a contract wants to avoid his or her obligations by arguing that the contract was entered into because of a mistake,misrepresentation,undue influence,or duress.Which of the following is true with regard to these areas of the law?


A) A buyer could not be awarded the equitable remedy of rescission if the seller honestly believed that his or her misrepresentation,which persuaded the buyer to buy,was true.
B) Independent legal advice given to a person is good evidence of undue influence.
C) If a seller persuades a person to buy something by an innocent misrepresentation,the buyer could ask for rescission and damages for the tort of deceit.
D) Where a written document embodies the original oral agreement,a party to the contract could ask the court for the equitable remedy of rectification.
E) An illiterate or blind person might successfully argue non est factum and avoid his or her obligations under a contract only if he or she was misled about the very nature of the document and was not careless.

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