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.

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Definitions:

Market Wage Rates

The average amount of money paid for a specific job in the marketplace, influenced by factors such as industry demand, skill level, and geographic location.

Labor Supply

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Occupational Information Network

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Computerized System

An assembly of hardware and software organized to collect, process, store, and disseminate data for the purpose of facilitating planning, control, coordination, analysis, and decision making.