Often a Party to a Contract Wants to Avoid His

question 109

Multiple Choice

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

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Definitions:

Transformational Leader

An individual who inspires and motivates followers to achieve extraordinary outcomes by transforming their attitudes, beliefs, and values.

Self-Interest

Acting in a way that is beneficial to oneself, focusing on actions that promote individual interests and well-being.

Charismatic

Having a compelling charm or appeal that inspires devotion or admiration in others.

Transformational Leader

A leader who inspires followers to exceed their own self-interest for the good of the organization and can create a significant change in both followers and the organization.