A | B |
Duress | When one party uses an improper threat or act to obtain an expression of agreement |
Voidable | Any agreement made under Duress is |
Trust, Confidence or Authority | What type of relationship MUST exist between the parties to contract in a case of UNDUE INFLUENCE |
Unilateral Mistake | When one party holds an incorrect belief about the facts related to a contract |
Innocent Misrepresentation | The seller of a car does not know that the information he is stating is untrue. |
Extortion | Threatening someone under Duress for money is the crime of |
Ratification | conduct suggesting that you intended to be bound by the contract |
Wrongful or Unfair Persuasion | Aside from the relationship, what other element must be present in Undue Influence |
Unilateral Mistake | A mistake from failure to read a contract before signing is an example of this type of mistake |
Active Concealment | The seller of a house paints the ceilling to cover stains, which would indicate a leaky roof. |
Illegal | Threats to engage in this type of conduct, is always Duress |
Recission | Backing 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/Client | Provide an example of relationship common where Undue Influence cases might occur |
Induced Unilateral Mistake | When one party has encouraged the other to make the mistake |
Fraudulent Misrepresentation | The seller of a car is aware the information he is stating about the car is untrue. |
Sue | Communicating a threat to _______if the other side doesn't settle |
Genuine Assent; Mutual Assent | Genuine agreement is also referred to as (Genuine Assent or Mutual Assent) |
Independent Counsel or an Attorney | The best way to avoid cases of UNDUE Influence is to contact who |
Bilateral Mistake | A mutual mistake is also called |
Reasonably Relied | There is no misrepresentation, unless the victim did this ____________ when buying the item |
Economic Duress | In 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 agreement | To be effective Recision must be |
Fair | The charge of Undue Influence can be overcome by proving that the contract is ______ to both parties |
Valid | In 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 |