Unit 6 Contracts Question Preview (ID: 1082)
Review Of Unit 6 Vocabulary And Concepts.
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This act can make a contract unenforeacle (warning - it's not partial performance, even if the software says so)
a) Fiduciary relationship
b) Partial Performance
c) Duress
d) Hardship
Three types of duress are
a) Economic, physical, and mental
b) Official, codified, and imperfect
c) Affirmative, implied, and explicit
d) Curly, Moe, and Larry
Undue influence usually involves
a) Overcoming the will through charm
b) Fraud
c) Res ipsa loquitor
d) Rules of construction
Mental duress commonly falls into what categories?
a) Formation, consideration, and performance
b) Mutual mistake, fraud, and UCC
c) Adoption, trusts, and interlocutory appeals
d) Blackmail, contracts of adhesion, and abuse of process
Unilateral mistake...
a) is rarely a reason to avoid contract enforcement
b) is a good idea
c) is never an excuse to avoid a contract
d) is a commonly upheld excuse to avoid a contract
Misrepresentation
a) Is identical to fraud except the element of intent to deceive is omitted
b) Is only possible in fiduciary relationships
c) Excuses active concealment
d) Is never actionable
The elements of fraud include which of the following?
a) Statement of purpose, material change, malum in se, and harm
b) Statement to other party, about a material fact, intent to deceive, reliance and harm
c) Statement to the judge, material fact, deception, reliance, and harm
d) None of the above
Courts will most likely find a unilateral mistake is grounds to avoid a contract when
a) The mistake was obviously a typo
b) The defendant was more skilled than the plaintiff
c) The consideration was inadequate
d) The moon was full
The failure to have a meeting of the minds is evidenced by
a) Moral turpitude, mistake, duress, undue influence, and fraud and misrepresentation
b) Mistake, duress, undue influence, fraud and misrepresentation, and unconscionability
c) Mistake, duress, undue influence, UCC contracts, and colorable contracts
d) Unilateral mistake, conditional contracts, the Statute of Frauds, incapacity, and specific performance
Mutual mistakes generally relate to
a) the right to sue
b) Poor judgment, incapacity, and bad intent
c) the existence of the subject matter, the right to transfer ownership, the identity or quality of the subject matter
d) Forseeability, jurisprudence, and tort law
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