A Rule of Law Enabling a Defendant to Win Even

question 28

Multiple Choice

A rule of law enabling a defendant to win even if all of plaintiff's allegations are true is a(n) _____.

• A) counterclaim
• B) affirmative defense
• C) deposition
• D) judgment notwithstanding the verdict

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Definitions:

Undue Influence

A situation where an individual is persuaded or coerced in a way that disrupts their free will, often leading to unfair agreements.

Non Est Factum

A defense in contract law that allows a person to avoid liability because they were mistaken about the nature of the document signed, not merely its contents.

Unconscionable Transaction

An equitable principle allowing courts to set aside a contract in which a party in a superior bargaining position took advantage of the other party and the consideration was grossly unfair.

Undue Influence

The use of excessive pressure by a dominant party to influence the decisions or actions of another, often undermining their free will.