Enter Title

Misreppppppppppppp

100

A fradulent misrepresentation.

What is an assertion that is false with intent to induce where the person making the assertion knows it is false, believes it is false, or misrepresents their confidence?

200

A Material Misrepresentation.

What is an assertion that is false that is likely to induce a reasonable person ot enter into the bargain?

300

The times at which a party is justifiably relying on the assertion. 

What is (1) relation of trust+confidence, (2) reasonably believes person asserting has special, skill, judgment, or objectivity w/ respect to sub. matter, (3) is for some reasons susceptible to misrep. of the type?

400

When a statement is general, rather than specific, hedged, rather than unqualified, oral rather than written, informal rather than formal, and phrased as an opinion instead of a fact.

What is "mere puffery"?

500

Concealment.

What is an action intended or known to be likely to prevent another from learning a fact.

Yeah, I'm gonna need to see that in writing.

100

A set of statutes that specify which contracts must be evidence by some kind of writing.

What is the statute of frauds?

200

The Consequence of violating the statute of frauds.

What is unenforceable?

300

The burden of proof under the S.o.F.

What is a shifting burden of proof?

• The person who is invoking the affirmative defense of the statute of frauds – that is, the person who contends that the contract is unenforceable because it is merely an oral agreement – has the burden of proving that the contract is within the statute of frauds, that is, that the statute of frauds applies to this agreement.
• The person who is seeking to enforce the contract has the burden of proving that the statute of frauds is satisfied—that is either that there is a writing signed by the other party that is sufficient to prove that the parties entered in an agreement or that one of the exceptions applies.
• Burden then shifts back to see if one of the exceptions applies.

400

Corbin's approach on admissible writings.

What is the approach that so long as there is one document that was signed by the party to be charged, any other documents that reasonably appear to apply to the same transaction are also admissible to satisfy the statute of frauds?

500

The UCC allows this to be admissible even if not signed.

What is a copy of a word processing document?

You're not that guy pal.

100

Elements of Intoxication Defense.

What are (1) unable to act in reasonable manner/understand terms/consequences of transaction and (2) other party knows?

200

Age of the majority. Trick question!

What is depending on state's statutes?

300

What a child is entitled to when they disaffirm the contract.

What is restitution?

400

Elements of the motivational test.

What is (1) he is unable to act in a reasonable manner and (2) the other person has reason to know?

500

Defenses based on lack of capacity are valid because the parties lack this.

What is authority?