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factors that taint conclusion of valid contract Test

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5 Written Questions

5 Matching Questions

  1. Types of mistakes
  2. what renders a contract void
  3. Warranties
  4. duress
  5. Situation where there is a duty to speak
  1. a One party threatens or intimidates the other party into entering into the contract
  2. b mistake
  3. c 1.Property with peculiar characteristics which seller knows will disincline people from buying 2. where statement was true the time it was made but no longer true the time the contract is entered into
  4. d type of term in which one party guarantees the truth of a particular statement made
  5. e common, unilateral and mutual

5 Multiple Choice Questions

  1. document not clearly a contract, contract but contains terms which one would not expect, written contract not accurately reflecting parties' own pre-contractual negotiations
  2. exaggerated statements usually made by a sales person or a seller, may be express or implied
  3. mistaken party would have chosen not to enter into the contract at all had he known the true state of affairs
  4. causal, fraudulent, negligent, innocent, incidental
  5. mirepresentor genuinely believes representation to be true but in situation where a reasonable person would first have taken steps to verify accuracy

5 True/False Questions

  1. common mistakeexists in the minds of both parties

          

  2. how does mistake make contract voidcommon+material, uni+material+reasonableness, mutual+material+reasonableness

          

  3. Incidental misrepmisrepresentor genuinely believes representation to be true but in situation where a reasonable person would NOT first have taken steps to verify accuracy

          

  4. Misrepresentaion distinguishable fromWarranty, Statements of opinion and puffs

          

  5. Remedy for voidrestitutio in integrum

          

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