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:

Marketing Mix

Refers to the set of actions, or tactics, a company uses to promote its brand or product in the market, traditionally encompassed by the four Ps: Product, Price, Place, and Promotion.

Commoditized Markets

Markets where the products available from different suppliers are so similar that they are interchangeable and competition is primarily based on price.

Buying Allowance

A promotional or pricing strategy where buyers are given a specific discount or allowance on bulk purchases.

Sales Promotion

Marketing strategies aimed at stimulating demand for a product or service through short-term incentives or discounts to enhance purchase volume.