Often a Party to a Contract Wants to Avoid His

question 57

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) If a seller persuades a person to buy something by a innocent misrepresentation, the buyer could ask for rescission and damages for the tort of deceit.
• B) 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.
• C) 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.
• D) Independent legal advice given to a person is good evidence of undue influence.
• E) Where, a written document embodies the the original oral agreement, a party to the contract could ask the court for the equitable remedy of rectification.

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