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Reality of Consent: Answers To Chapter 13

This document contains the answers to questions from a student study guide and workbook about Chapter 13 on consent in contract law. It addresses topics like mistakes, misrepresentation, fraud, and undue influence. The short essay questions are answered concisely explaining how the doctrines of mistake and misrepresentation would apply to different scenarios involving consent in contractual agreements.

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Marie Santoro
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119 views2 pages

Reality of Consent: Answers To Chapter 13

This document contains the answers to questions from a student study guide and workbook about Chapter 13 on consent in contract law. It addresses topics like mistakes, misrepresentation, fraud, and undue influence. The short essay questions are answered concisely explaining how the doctrines of mistake and misrepresentation would apply to different scenarios involving consent in contractual agreements.

Uploaded by

Marie Santoro
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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CHAPTER 13

REALITY OF CONSENT
ANSWERS TO CHAPTER 13
True-False Multiple Choice
1. T
2. T
3. F
4. T
5. T
6. T
7. F
8. F
9. F
10. F
11. d
12. a
13. d
14. d
15. a
16. c
17. b
18. d
19. b
20. a
Short Essay
21. In most states, B will be able to rescind een t!o"#! !e did not in$"ire abo"t t!e
$"alit% o& t!e water, een t!o"#! !is &ail"re to discoer t!e tr"e &acts mi#!t constit"te
ne#li#ence. 'ere t!e &acts were (nown to t!e seller, not (nown to t!e b"%er, and
wo"ld )res"mabl% be material to t!e transaction. *I& t!is &act were not material, t!en B
wo"ld not be able to establis! all t!e elements o& misre)resentation "nder breac! o&
d"t% to disclose.+
22. ,lic(willie-s ar#"ment is incorrect. .ama#es are aailable onl% &or &ra"d and not &or
misre)resentation. T!is was a case o& misre)resentation, in iew o& /in#-s #ood0&ait!
and reasonabl%0based belie& in t!e tr"t! o& w!at s!e said. ,lic(willie-s remed% wo"ld
t!ere&ore be rescission rat!er t!an dama#es. /in#-s ar#"ment is also incorrect. 'er
lac( o& scienter onl% means t!at s!e did not commit &ra"d and t!ere&ore cannot be !eld
liable &or dama#es. ,!e still committed misre)resentation. T!is means t!at ,lic(willie
is entitled to rescission, w!ic! clearl% is a &orm o& le#al relie&.
Answers to Student Study Guide and Workbook Questions 26
23. T!e doctrine o& mista(e is di&&erent &rom t!e doctrines o& misre)resentation, &ra"d,
d"ress, and "nd"e in&l"ence in t!at it is not )artic"larl% concerned wit! )olicin#
dis!onest or "nscr")"lo"s cond"ct. Instead, t!e doctrine o& mista(e is concerned wit!
ac!iein# 1"st res"lts b% releasin# )eo)le &rom contracts res"ltin# &rom a
mis"nderstandin# abo"t a &"ndamental ass"m)tion on w!ic! t!e contract is based.
Answers to Student Study Guide and Workbook Questions 27

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