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5 Written questions

5 Matching questions

  1. misrepresentation
  2. repentance
  3. duress by actual physical force
  4. restitution remedies
  5. duress
  1. a place the breaching party back to the position he or she was in prior to the time the breaching party received the benefit conferred upon him or her by the non breaching party.
  2. b an assertion that is not in accord with the facts
  3. c the use of any wrongful act or threat to influence a party to contract
  4. d occurs when a person using physical force compels a party to assent to the contract, even though that party did not intend to contract
  5. e a feeling of remorse or regret concerning ones actions

5 Multiple choice questions

  1. a person who has specialized knowledge as to the goods,specialized knowlegde as to the business practices.
  2. common law doctrine that provides where the acceptance of an express offer is implied from the offer is implied from the offerees performance
  3. the confirmation of the contract
  4. a contracting party may disaffirm a contract if his or her mind was so affected by mental disease or defect as to render him or her wholly and absolutely unable to comprehend and understand the nature of the transaction
  5. a contract or contract terms in unconscionable if at the time of contract formation one party imposed an unreasonable favorable contract or term on the other party who lacked a meaningful choice.

5 True/False questions

  1. minoritya contract to pay a stated amount to discharge a prior obligation that is either uncertain as to its existence or amount.

          

  2. Seasonable expression of acceptancewhen the offeree responds to the offerors preprinted form with his or her own preprinted form, the offeree manifests a definite expression of acceptance when the offerees form accepts the offeror's "bargained for" terms

          

  3. volitional testa contracting party may disaffirm a contract if his or her mind was so affected by mental disease or defect as to render him or her wholly and absolutely unable to comprehend and understand the nature of the transaction

          

  4. Definite expression of acceptancewhen the offeree responds to the offerors preprinted form with his or her own preprinted form, the offeree manifests a definite expression of acceptance when the offerees form accepts the offeror's "bargained for" terms

          

  5. adhesion contractcommon law doctrine that provides where the acceptance of an express offer is implied from the offer is implied from the offerees performance

          

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