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Chapter 13

Self-Study Quizzes

Multiple Choice

Multiple Choice


This activity contains 12 questions.

	Assent is determined by   age of the contracting persons. need not include agreement. the irrelevant facts surrounding the negotiation. relevant facts and the formation of the contract.

	A contract used by many software companies to sell their software over the Internet or in physical packages where software is later installed is called a ____________ license.   click-wrap shrink-wrap wrap-and-go

	If a clerical or typographical error occurs in a contract that is not the result of gross negligence, it   is illegal. renders the contract void. cannot be enforced. may be enforced.

	A/n _________ fact is one that is important to the subject matter of the contract.   immaterial contractual material irrelevant

	When an assertion is made that is not in accord with the facts, a/n _________ has occurred.   misrepresentation fraud scienter assent

	Fraud in the _________ occurs when an innocent party has signed a contract but has been fraudulently convinced to do so.   innocence inception inducement contradiction

	Fraud in the _________ occurs when a person is deceived as to the nature of the act and doesn't know what he or she is signing.   inducement concealment silence inception

	When could silence be considered a fraudulent misrepresentation?   When a father does not disclose to his daughter particulars of a new car purchase. When a fiduciary relationship exists such as an attorney and client. When an innocent part is harmed as a result of the silence. When state or federal statutes are silent as to certain disclosures.

	A/n ________ misrepresentation occurs when a person makes a statement of fact and honestly believes it to be true, even though it is not.   innocent unbelievable fraudulent compromising

	In an innocent misrepresentation, the aggrieved party   sue for damages. cannot sue for damages. cannot rescind the contract. cannot rescind the contract but may sue for damages.

	_________ duress occurs when one party to a contract refuses to perform contractual duties unless the other party pays an increased price.   Physical Psychological Perceived Economic

	To prove undue influence,   an actual threat of physical harm must have occurred. a fiduciary relationship must exist between the parties. a family relationship must exist between the parties. the innocent party must have ignored the influence of the dominant party.

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