“Test on Genuine Assent” Chapter 8 Test Review “Test on Genuine Assent”

1. “I am what is missing due to fraud, misrepresentation, duress or some sort of mistake occurring”

2. “The key element needed to prove this is relying on a false statement to make a decision”

3. “Any contract that lacks Genuine agreement makes the contact this”

4. “This is proven based on having a relationship with a person and being unfairly persuaded”

5. “These are the elements needed beyond misrepresentation to prove a case of fraud”

6. “This cannot be threatened unless the party making the threat is serious”

7. “All rescission must occur before this happens”

8. “Any time one party uses an improper threat or act to obtain an agreement”

9. “The first element needed to prove misrepresentation is an untrue statement of fact or this”

10. “This type of damage is meant to compensate a person for what they lost”

11. “This type of damage is meant to punish a defendant in a civil case”

12. “This is the only remedy available in a case of misrepresentation”

13. “This type of mistake makes the contract void”

14. “If terminating a contract ends it, this means the contract never existed”

15. “This is the only party allowed to rescind for a unilateral mistake”

16. “This type of unilateral mistake means the uninjured party knew of the mistake and tricked the injured party into making a mistake”

17. “These are the 2 types of misrepresentation”

18. “Anything that is important to either party in a contract situation”

19. “This is conduct suggesting you intend to be bound by a contract”

20. “You have a responsibility to report this, which is why if you threaten someone using this, its duress”

21. “These are the 4 types of duress that can occur, other than Undue Influence”

22. “These types of mistakes cannot all be voided”

23. “Frontier high school posts online that all varsity jackets will sell for $65 and name patches are available, just ask; Tristan is happy, as he thought he would need to pay more for the patch. When he comes to school to buy his jacket and brings his $65, he learns the patch costs and additional $25. Can Tristan claim this was misrep or fraud or can Frontier claim this is nothing but a simple mistake and still charge Tristan $25?”

24. “Evan goes to BlueMart to buy some diet pop, as he is trying to get in shape for Ping Pong season. After he gets home, he realizes he accidently purchased regular pop. Can he do anything legally?”

25. “A salesperson at FrontierMart tells Billy that he is buying “real” ice cream, with no additives in it and Billy decides he is interested. When Billy gets home and eats it, he has a reaction, as he is allergic to an additive that is considered a non-natural product. Billy is clearly upset and wants this issue fixed. What occurred and how do you prove it?”

26. “Chris wants to buy a snowmobile from his sometime buddy, “J”, also known as Lax. Recently “J” has run his snowmobile into another tree and his mom tells him to start selling off his collection. On the date of the transaction, both Chris and “J” realized they were speaking of different snowmobiles, as “J” has 3 of them and even though one of the blue ones hit a tree, the other did not and Chris was interested in the one not damaged. What occurred with the agreement and what would be the outcome?”

27. “Berg works for Elaina at Falcons and Stuff 27. “Berg works for Elaina at Falcons and Stuff. One day, Berg is told by Elaina to sell some fake signed baseballs to an entire high school baseball team at Frontier for far too much over the value, or he will lose his job. If Berg does complete this false transaction, what could he claim happened? Why?”

Are you ready for the answers??