What Am I?
I take place when one party believes something that is not true and enters a contract on that belief
Nelson Cartsmith goes to the store to get some super glue to fix the vase he broke that belongs to his brother. Nelson grabs the first package of glue he sees and when he gets home, he learns it does not stick on a ceramic vase. What took place and what can Cartsmith ask for?
Unilateral Mistake and nothing
I am what a victim of Misrepresentation can ask for meaning to back out of the transaction and get my money back.
Rescission
Emily, aged 17, tries to buy a car and learns the dealer will not sell it to her because she is under 18 and therefore does not understand what she is doing. What element of a contract am I?
Capacity
What flower is traditionally associated with Easter?
Lily
I take place when both parties hold an incorrect belief and I am also known as a Bilateral Mistake.
Mutual Mistake
Brady wants to buy a new dirt bike and finds a used one on Craigslist in a photo. Brady calls, makes an offer and when he gets to the home, the seller says "I was not selling the yellow Honda, I was selling the blue Yamaha". What took place and what is the contract considered?
Bilateral Mistake and Void
While terminate may mean to end, this means no contract actually ever existed and its also what takes place when a Bilateral Mistake occurs.
Void
Cartinelli is approached by a large 310 pound person who says "Give me your headphones for $5 or I will beat you up", so Cartinelli sells them, meaning he had no real choice. What element of a contract am I?
Genuine Assent
Which country is home to the largest flower festival in the world?
Japan
In order to prove misrepresentation, a statement made to me must be _______ or this must take place?
False, concealed
Danny goes to St. Patrick's to get a new sweatshirt. Danny is interested in one that was originally owned by famous Irish folk singer Olivia McMullin's. The salesperson points at one behind the counter and says "This is the shirt she owned". Danny gets the sweatshirt and learns its never been owned by Olivia McMullin's. What took place and what can Danny ask for?
Misrepresentation and rescission
I am the reason people enter into a contract because something being offered is important to me
Material
Olivia is selling her pet Tiger and finds a buyer in Gwen. After selling it to Gwen, the 2 learn she cannot make this contract in the state Gwen lives in. What element of a contract am I?
Legality
Which month is the first day of spring in the southern hemisphere?
September
I am the 2 things that must be proven in a case of fraud?
Intent to deceive and Intent to injure
Michael is a collector of the Superhero comic called Cartinelliman. He is looking for a particular issue where Super Olivia is introduced and she and Cartinelliman fight over control of Gotham. The salesperson talks Michael into issue #7 and says "Its a $100,000 comic". Michael buys it only to learn its a $2 book and it has nothing in it about Super Olivia. What took place and what can Michael ask for?
Fraud and Damages-Rescission
When someone intentionally tries to hide something from a buyer, its called this
Active Concealment
Brady is determined to sell his 2018 Ford Bronco as he is ready to get a new car. Brady finds a buyer named Drew, they agree on a price of $8,000 and Drew agrees to pay in cash. The DMV wants proof the contract took place. What element of a contract am I?
Writing
Which country is home to the largest tulip festival in the world?
Netherlands
I am the 2 of the 3 things that must be proven for misrepresentation
1. Untrue statement or active concealment
2. Material
3. False information given was used to make my decision
What type of damage asked for is meant to punish a defendant in a fraud case?
Punitive
I am the name for the type of damages asked for in every lawsuit, including a case of fraud.
Compensatory
Natalie is moving and needs to sell some items she does not need. She puts a riding lawn mower up for sale for $2500 but only gets one offer. A neighbor named Bridgette offers Natalie only $600 for the mower. Natalie is moving tomorrow, so she decides she will take it, as its the most fair thing she feels she will get. What element of a contract am I?
Consideration
What national holiday is celebrated in all countries?
New Years