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:

K

The chemical symbol for potassium, a soft, silvery-white metallic element, essential in the human diet and various industrial applications.

K

The chemical symbol for potassium, an essential mineral and electrolyte involved in nerve function and fluid balance.

[Cl-]

The chloride ion, a chlorine atom that has gained one electron to achieve a stable electronic configuration, commonly found in salt compounds.

HAc

A common abbreviation for acetic acid, a weak organic acid with the formula CH3COOH, known for its sour taste and pungent smell.