duress and undue influence
true and complete agreement
misrepresentation in which the misstatement was made recklessly or intentionally, and resulted in injury
fraud
what gets wet while drying?
a towel
the action of a party having the legal right to get back what has already put into the contract
rescission
both parties have an incorrect belief about an important fact or the applicable law
mutual mistake
What do you see once in a year, twice in a week, but only twice in forever?
an "e"
occurs only when one party uses an improper threat or act to obtain an expression of agreement
duress
occurs when one party holds an incorrect belief about the facts or law related to a contract
unilateral mistake
Bob, who has dementia, has a son who helped him move into a nursing home recently. His son went to help him sell his house but instead of the money going back to Bob the son took it for himself. What is this an example of?
undue influence
If you have me, you want to share me. If you share me, you don't have me…What am I?
a secret
occurs when the dominating party to a confidential relationship exerts irresistible pressure on the dominated party to enter into a contract that benefits the former
undue influence
if the seller knew a statement was untrue in the contract
fraudulent misrepresentation
Chad goes to sell his golf cart which he labeled to be in great condition since it has worked great for him since the day he bought it new. Tony buys the golf cart off of Chad for a reasonable price, yet soon discovers that many things are wrong with the golf cart. Is this misinterpretation? If so, what type?
Yes, this is misinterpretation. However, since Chad didn't know there was nothing wrong with the golf cart when he went to sell it, it is innocent misinterpretation.
The more you take, the more you leave behind. What am I?
footsteps
without genuine assent a contract typically is ______.
voidable
in a contract negotiation, parties make statements that turn out to be untrue
innocent representation
Arianna wanted to sell her RV and there are almost 50,000 miles on Arianna's RV. She listed that the RV had only 5,000 miles on it since it was only a few years old thinking she could get away with it. She ended up selling the RV to Chad, who thought the RV only had 5,000 miles on it. Is this misinterpretation? If so, what type?
Yes, this is a misinterpretation. It is a fraudulent misinterpretation because Arianna committed fraud in her sale.
The man who invented it doesn't want it. The man who bought it doesn't need it. The man who needs it doesn't know it… What is it?
a casket/coffin