Often a Party to a Contract Wants to Avoid His

question 3

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 false with regard to these areas of the law?

• A) If a seller persuades a person to buy something by a fraudulent misrepresentation, the buyer could ask for rescission and/or 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) Independent legal advice given to a person who wants to give a gift to a dominant person (e.g., his doctor) is good evidence to rebut a presumption of undue influence.
• D) 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.
• E) Where, because of a mistake, a written document does not embody the unchanged term of the original oral agreement, a party to the contract could ask the court for the equitable remedy of rectification.

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Definitions:

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A period when the economy slows down, marked by reduced industrial activity, consumer spending, and employment rates.

Unemployment Rate

The percentage of the labor force that is jobless and actively looking for employment.

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Casual expression for being notified about being let go from a job.

UPS

United Parcel Service, a global company specializing in package delivery and supply chain management.