Civil Law Questions
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A contract entered into under excessive or undue influence lacks voluntary consent and is therefore voidable.
Economic need is usually sufficient to constitute duress.
Beatrice sells Claudia an exotic bird that Beatrice knows is on the endangered species list, but tells Claudia that it isn't. When the federal government confiscates the bird and fines her, Claudia sues Beatrice for.....
Duress is both a defense to the enforcement of a contract and a ground for the rescission of a contract.
A memorandum or note evidencing the oral contract needs to contain.....
Jed tells his ailing mother that unless she lends him money for a business investment he will never see her again. She agrees but later changes her mind and asks for her money back. Jed claims that they have formed a binding contract. Why might the contract be voidable?
If a contract enriches the dominate party, the courts will often ___________ undue influence.
Senso offers to sell his car and knows that it has been in an accident. If the purchaser asks Senso if the car has had body work and Senso lies, he will have committed a(n).....
Fraudulent misrepresentation, generally, refers to a misrepresentation that....
The right of redemption allows a mortgagor, before foreclosure, to get back land upon payment of the full amount of the debt.
Which of the following classes of individual are NOT usually susceptible to undue influence?
Mike repaired Rosie's car, and Rosie refused to pay the bill. Mike was still in possession of the car and therefore could claim a mechanic's lien on the car.
Kathy wants to buy a house at least 2,5000 square feet in size. She looks at Pat's house. Pat believes the house has 2,600 square feet of floor space, and he tells her that. Kathy agrees to buy the house. When the house is measured, she learns that it has 2,400 square feet of floor space. Kathy can seek to rescind the contract on the basis of Pats.....
Generally, to be considered valid, a mortgage and deed of trust only need to be put into writing and do not need to be registered in any county records office.
When a party fraudulently induced into a contract, that party can.....
Sophie buys a tropical bird from Henry's bird store. Henry says, "It is extremely rare." Sophie asks if the bird is on the endangered species list. Henry knows it is on the list, but he tells her it is not. Government officials later tell Sophie that she purchased a bird that individuals may not own, the bird is confiscated, and she is fined for possessing it. To recover the price of the bird and the cost of fines, Sophie can sue Henry for.....
AJ agrees to buy Harry's pickup truck so he can pull his trailer. Both AJ and Harry believe that the truck is big enough to do the job. After they complete the deal, AJ finds that the truck is not strong enough to handle the trailer. The contract between AJ and Harry can be rescinded because of.....
To satisfy a past due debt, a creditor can request a foreclosure of land, which is usually done by auction. After auction, the proceeds will go to pay the debt, and any remaining funds will go to the debtor.
In a number of states, courts have made merchants in mutual benefit bailments liable for any defect in a bailed object that causes personal injury.
A purchase money security interest is perfected by attachment alone.