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Chapter 13

Self-Study Quizzes

True or False

True or False


This activity contains 15 questions.

	Genuine assent is an issue in the areas of mistake, misrepresentation, duress, and undue influence.    True  False

	Silence is always assent.    True  False

	The law permits rescission of some contracts entered into through mistake.    True  False

	Unilateral mistakes are made by both parties.    True  False

	Either party may rescind the contract if there has been a mutual mistake of a past or existing material fact.    True  False

	An ambiguity in a contract occurs when a word or term can reasonably mean more than one thing.    True  False

	A mutual mistake of value exists if only one of the contracting parties knows the object of the contract but is mistaken as to its value.    True  False

	To prove fraud, the person making a false misrepresentation must have had knowledge that the representation was false.    True  False

	A misrepresentation is actionable even if the innocent party does not act upon it.    True  False

	To be actionable as fraud, the misrepresentation must be a past or existing material fact.    True  False

	The term scienter means "without guilt."    True  False

	Fraud by concealment occurs when a real estate agent has a major crack in the foundation of a house repaired to conceal further foundation and plumbing problems.    True  False

	Generally, a misrepresentation of law is actionable as fraud.    True  False

	Duress and undue influence are basically the same type of action.    True  False

	An injured party of economic duress must prove that there was no alternative but to buckle to the dominant party's threat.    True  False

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