Question 1

An adhesion contract is considered

Accepted Answer

A)  unconscionable.
B)  fair.
C)  bait and switch.
D)  all of the above.E) A) and B)
F) C) and D)

Question 2

Fraud and misrepresentation are the only two methods of destroying mutual assent.

Accepted Answer

A) True 
 B)False

Question 3

Adhesion contracts are generally considered unconscionable contracts.

Accepted Answer

A) True 
 B)False

Question 4

Substantive unconscionability lacks meaningful choice by one party to a contract.

Accepted Answer

A) True 
 B)False

Question 5

Match between columns
                        Premises: A person in a position of trust. 
Wrongful pressure placed upon a person in a confidential relationship. 
Wrongful pressure placed upon a party depriving him or her of free will. 
The doctrine of caveat emptor. 
A contract that shocks public sensibilities and is oppressive. 
An innocent misstatement of fact. 
A deliberate misstatement of fact. 
The meeting of the minds of the parties in a contract. 
Wrongful existence of a material fact to a contract by one party. 
Wrongful existence of a material fact to a contract by both parties.

Accepted Answer

The Answer of misrepresentation and let the buyer beware and is...

Question 6

Undue influence arises out of a confidential relationship.

Accepted Answer

A) True 
 B)False

Question 7

Procedural unconscionability lacks meaningful choice by one party to a contract.

Accepted Answer

A) True 
 B)False

Question 8

In order to prove economic duress, it must be proven that

Accepted Answer

A)  wrongful conduct exists.
B)  an injured party acts against their free will.
C)  financial hardship exists.
D)  all of the above.E) A) and B)
F) A) and C)

Question 9

A method of destroying mutual assent is fraud in the contract.

Accepted Answer

A) True 
 B)False

Question 10

In a duress case, you do not have to prove coercion.

Accepted Answer

A) True 
 B)False

Question 11

Mutual assent is a meeting of the minds.

Accepted Answer

A) True 
 B)False

Question 12

Oppressive or overly harsh contracts create _________ contracts.

Accepted Answer

A)  procedural unconscionable
B)  substantive unconscionable
C)  mirror image
D)  adhesionE) B) and D)
F) A) and D)

Question 13

Misrepresentation is defined as

Accepted Answer

A)  a deliberate misstatement of fact.
B)  an innocent misstatement of fact.
C)  no misstatement of fact.
D)  a slight misstatement of fact.E) None of the above
F) A) and B)

Question 14

Undue influence cases are common in which of the following?

Accepted Answer

A)  Misrepresentation
B)  Unconscionable contracts
C)  Fiduciary relationships
D)  None of the aboveE) B) and C)
F) All of the above

Question 15

A mistake can occur when

Accepted Answer

A)  both parties are wrong about a fact.
B)  one party is wrong about a fact.
C)  all of the above.
D)  none of the above.E) B) and C)
F) A) and D)

Question 16

To determine whether mutual assent exists, the court will apply a(n) _______ standard.

Accepted Answer

A)  privity
B)  subjective
C)  objective
D)  mutualE) A) and B)
F) B) and D) C

Question 17

A public policy argument for rescinding a contract is which of the following?

Accepted Answer

A)  Fraud
B)  Unconscionability
C)  Misrepresentation
D)  MistakeE) B) and D)
F) All of the above B

Question 18

Misrepresentation is a misstatement of fact made deliberately by a party.

Accepted Answer

A) True 
 B)False

Question 19

Fraud constitutes a method of

Accepted Answer

A)  destroying mutual assent.
B)  consummating a contract.
C)  all of the above.
D)  none of the above.E) A) and D)
F) A) and C)

Question 20

There are two types of mistakes: mutual and unilateral.

Accepted Answer

A) True 
 B)False  True

Exam 5: Mutual Assent of the Parties

An adhesion contract is considered

Correct Answer
verified

Fraud and misrepresentation are the only two methods of destroying mutual assent.

Correct Answer
verified

Adhesion contracts are generally considered unconscionable contracts.

Correct Answer
verified

Substantive unconscionability lacks meaningful choice by one party to a contract.

Correct Answer
verified

Matching

Undue influence arises out of a confidential relationship.

Correct Answer
verified

Procedural unconscionability lacks meaningful choice by one party to a contract.

Correct Answer
verified

In order to prove economic duress, it must be proven that

Correct Answer
verified

A method of destroying mutual assent is fraud in the contract.

Correct Answer
verified

In a duress case, you do not have to prove coercion.

Correct Answer
verified

Mutual assent is a meeting of the minds.

Correct Answer
verified

Oppressive or overly harsh contracts create _________ contracts.

Correct Answer
verified

Misrepresentation is defined as

Correct Answer
verified

Undue influence cases are common in which of the following?

Correct Answer
verified

A mistake can occur when

Correct Answer
verified

To determine whether mutual assent exists, the court will apply a(n) _______ standard.

Correct Answer
verified
C

A public policy argument for rescinding a contract is which of the following?

Correct Answer
verified
B

Misrepresentation is a misstatement of fact made deliberately by a party.

Correct Answer
verified

Fraud constitutes a method of

Correct Answer
verified

There are two types of mistakes: mutual and unilateral.

Correct Answer
verified
True

Exam 5: Mutual Assent of the Parties

An adhesion contract is considered

Correct AnswerverifiedShow Answer

Fraud and misrepresentation are the only two methods of destroying mutual assent.

Correct AnswerverifiedShow Answer

Adhesion contracts are generally considered unconscionable contracts.

Correct AnswerverifiedShow Answer

Substantive unconscionability lacks meaningful choice by one party to a contract.

Correct AnswerverifiedShow Answer

Matching

Undue influence arises out of a confidential relationship.

Correct AnswerverifiedShow Answer

Procedural unconscionability lacks meaningful choice by one party to a contract.

Correct AnswerverifiedShow Answer

In order to prove economic duress, it must be proven that

Correct AnswerverifiedShow Answer

A method of destroying mutual assent is fraud in the contract.

Correct AnswerverifiedShow Answer

In a duress case, you do not have to prove coercion.

Correct AnswerverifiedShow Answer

Mutual assent is a meeting of the minds.

Correct AnswerverifiedShow Answer

Oppressive or overly harsh contracts create _________ contracts.

Correct AnswerverifiedShow Answer

Misrepresentation is defined as

Correct AnswerverifiedShow Answer

Undue influence cases are common in which of the following?

Correct AnswerverifiedShow Answer

A mistake can occur when

Correct AnswerverifiedShow Answer

To determine whether mutual assent exists, the court will apply a(n) _______ standard.

Correct AnswerverifiedC

A public policy argument for rescinding a contract is which of the following?

Correct AnswerverifiedB

Misrepresentation is a misstatement of fact made deliberately by a party.

Correct AnswerverifiedShow Answer

Fraud constitutes a method of

Correct AnswerverifiedShow Answer

There are two types of mistakes: mutual and unilateral.

Correct AnswerverifiedTrue

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C

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B

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True