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Chapter 8 - Chapter REVIEW

AB
DuressWhen one party uses an improper threat or act to obtain an expression of agreement
VoidableAny agreement made under Duress is
Trust, Confidence or AuthorityWhat type of relationship MUST exist between the parties to contract in a case of UNDUE INFLUENCE
Unilateral MistakeWhen one party holds an incorrect belief about the facts related to a contract
Innocent MisrepresentationThe seller of a car does not know that the information he is stating is untrue.
ExtortionThreatening someone under Duress for money is the crime of
Ratificationconduct suggesting that you intended to be bound by the contract
Wrongful or Unfair PersuasionAside from the relationship, what other element must be present in Undue Influence
Unilateral MistakeA mistake from failure to read a contract before signing is an example of this type of mistake
Active ConcealmentThe seller of a house paints the ceilling to cover stains, which would indicate a leaky roof.
IllegalThreats to engage in this type of conduct, is always Duress
RecissionBacking out of the transaction by asking for the return of what you gave in the transaction and offering to give back what you have received is
Doctor/Patient; Lawyer/ClientProvide an example of relationship common where Undue Influence cases might occur
Induced Unilateral MistakeWhen one party has encouraged the other to make the mistake
Fraudulent MisrepresentationThe seller of a car is aware the information he is stating about the car is untrue.
SueCommunicating a threat to _______if the other side doesn't settle
Genuine Assent; Mutual AssentGenuine agreement is also referred to as (Genuine Assent or Mutual Assent)
Independent Counsel or an AttorneyThe best way to avoid cases of UNDUE Influence is to contact who
Bilateral MistakeA mutual mistake is also called
Reasonably ReliedThere is no misrepresentation, unless the victim did this ____________ when buying the item
Economic DuressIn these types of cases ______________ the courts look at both the threat and the alternatives available to the threatened party
Prompt or shortly after you discover that there is NO genuine agreementTo be effective Recision must be
FairThe charge of Undue Influence can be overcome by proving that the contract is ______ to both parties
ValidIn some states, when the mutual mistake is about the applicable law, the contract is still
Opinion"This car will suit your needs well for the next three years" is


Business Education Teacher
Monroe Township High School
Monroe , NJ

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