Often a Party to a Contract Wants to Avoid His

question 145

Multiple Choice

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

---

Definitions:

Informing

The process of providing knowledge or information to someone, often seen as a crucial step in marketing to educate potential customers about products or services.

Involvement

The degree of personal relevance a consumer perceives in a purchasing decision, which can influence their buying behavior and loyalty.

Trial

An evaluation or test phase where a product or service is used temporarily to assess its performance, functionality, or suitability before full-scale use or launch.

Intended Audience

The specific group of people targeted by a message or product, for whom the content is specifically designed or adapted.