Exam 10: Real Assent

A) Usually, assertions of intention are not considered facts.
B) The right to misstate intentions is useful chiefly in the acquisition of business.
C) To be a misrepresentation that will permit rescission, an assertion of intention must be false at the time made.
D) To render a contract voidable, the false assertion of intention must be harmful in some way to other interests of the recipient.
E) The law allows considerable leeway in the honesty of assertions of intention.

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True

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A) the threat must be proper
B) there must be a reasonable alternative
C) the test for inducement is objective
D) the contract is rendered voidable
E) the test for inducement is based on what a more reasonable person might have feared

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A) innocent misrepresentation
B) rescission
C) duress
D) misstatement of fact
E) material misrepresentation

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False

A) It is a harsher form of duress.
B) The unfairness does not lie in any misrepresentation.
C) Usually the fact pattern involves the victim receiving advice from most people except the persuader.
D) A contract made under undue influence stands void.
E) The perpetrator threatens the victim to assent to the contract.

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A) Concealment is a more passive type of nondisclosure.
B) Nondisclosure of a fact operates as a misrepresentation under all circumstances.
C) The act of concealment should be direct.
D) Concealment may consist of diverting the other party from gaining the necessary knowledge.
E) Sales puffery is considered a fact.

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D

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A) The reliance need not be solely on the false assertion.
B) The defendant can win a case by demonstrating that the plaintiff would have assented to the contract even without misrepresentation.
C) If the victim fails to read documents which give him the true facts, he can complain that he relied on contrary statements.
D) The rule of reliance applies to statements about the occurrence of events in the past, present, and future.
E) If the statement is one that concerns matters peculiarly within the person's purview, he would be held to have justifiably relied on the other party's false assertion.

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A) A fraudulent misrepresentation is a crime.
B) Fraudulent misrepresentation is a misstatement of facts that is unintentionally made and justifiably relied upon.
C) If a statement of fact is made false by later events, it must be disclosed as false.
D) A half-truth cannot amount to misrepresentation.
E) A typist's unnoticed error in a letter cannot amount to misrepresentation.

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A) There was a mistake on part of Young who did not have the authority to order the equipment.
B) The contract was made intentionally misrepresenting the facts.
C) The mistake was mutual, relating to the failure of communication.
D) There was a misstatement of fact by Konic.
E) There was a fraudulent misrepresentation.

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A) The contract did not develop Vokes' dancing abilities.
B) The contract did not develop Vokes' dance aptitude.
C) The contract led to Vokes having difficulty in hearing the musical beat.
D) There was an assertion of intentions.
E) The contract was a misrepresentation of assertion of opinion.

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An agreement is enforceable if the parti...

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