Civil Law Questions
Explore questions in the Civil Law category that you can ask Spark.E!
Legal Concepts19) Contracts involving fraud in the inception are void.
Legal Concepts20) Fraud in inducement occurs when the party does not know the terms of the contract.
Legal Concepts18) Fraud in the factum occurs if a person is deceived as to the nature of his or her act and doesnot know what he or she is signing.
Legal Concepts4Copyright © 2013 Pearson Education, Inc.21) Contracts involving fraud in inducement are not voidable.
Legal Concepts14Copyright © 2013 Pearson Education, Inc.65) ________ is a situation in which one party threatens to do a wrongful act unless the otherparty enters into a contract.A) ScienterB) DuressC) BatteryD) Assault
Factual Application70) Which of the following is true of duress?A) It is liable for fraud.B) A threat should involve physical harm for it to be actionable as duress.C) It is a threat issued to make another person sign a contract.D) Intoxicating a person to sign a contract is considered duress.
Legal Concepts60) Joe buys a trailer from a used-car dealership. On enquiry, the dealer tells him that the traileris in great condition. However, three days later, the trailer breaks down. Investigation by Joereveals that the trailer had seven previous owners and that the engine has been replaced thrice.An automobile expert tells Joe that the trailer is dangerous. Which of the following frauds wouldthe dealer be liable for?A) fraud in the factumB) fraud in the inducementC) silence as misrepresentationD) misrepresentation of law
Factual Application72) ________ is a situation in which one person takes advantage of another person's mental,emotional, or physical weakness and unduly persuades that person to enter into a contract.A) DuressB) Undue influenceC) FraudD) Scienter
Legal Concepts62) Which of the following is true of misrepresentation?A) Innocent misrepresentation is grounds for the aggrieved party to sue for damages.B) Misrepresentation of law is not actionable as fraud.C) Innocent misrepresentation cannot be treated as a mutual mistake.D) Misrepresentation of law can never be grounds for rescission of the contract.
Legal Concepts66) Which of the following constitutes duress?A) an event that occurs when one person consciously decides to induce another person to relyand act on a misrepresentationB) a situation in which one person takes advantage of another person's mental, emotional, orphysical weakness and unduly persuades that person to enter into a contractC) a threat to commit extortion unless someone enters into a contractD) the knowledge that a representation is false or that it was made without sufficient knowledgeof the truth
Legal Concepts46) Intentional misrepresentation is commonly referred to as ________.A) erroneous misrepresentationB) fraudC) duressD) undue influence
Legal Concepts74) When Stella Finman got to know that she was terminally ill, she drafted a will leaving all herproperty to her son. During her period of illness, Stella was financially and emotionallysupported by her lawyer as her son was mostly away. When the will was read upon her death, itsaid that her lawyer would get a 20 percent stake in Finman Corp., a company Stella owned.Upon investigation, it was revealed that Stella's lawyer took advantage of Stella's weakness andpersuaded her to change the contractual terms. This is an instance of ________.A) undue influenceB) batteryC) duressD) fraud
Legal Concepts71) Lucy wants a divorce from her husband but he wants to stay in the marriage. She threatens tobring a false criminal lawsuit claiming physical abuse from him if he doesn't sign the divorcepapers. This is an instance of ________.A) fraudB) duressC) undue influenceD) scienter
Legal Concepts67) What is physical duress?A) physically damaging the contract documentsB) signing a contract without the knowledge that it represents fraudulent informationC) threatening to physically harm someone if he or she does not sign a contractD) persuading a person to rescind a valid contract by misrepresenting the facts
Factual Application64) While signing a contract, one of the parties misinterpreted a legal clause. Neither of theparties is a legal professional. Which of the following statements holds well in this scenario?A) The party who misinterpreted the law is actionable for fraud.B) The party who misinterpreted the law may rescind the contract.C) The party who misinterpreted the law is not actionable for fraud.D) The contract is declared unenforceable as the law has been misinterpreted.
Factual Application75) Which of the following scenarios makes Tim liable for undue influence?A) Tim uses a false identity, borrows $10,000 from Kelly, and disappears with the money.B) Tim threatens to kill Carlos if Carlos does not sign a contract that transfers all his property toTim.C) Tim takes advantage of his grandmother's illness and persuades her to sign a will leaving allher property to him.D) Tim threatens to bring a lawsuit against David if David does not make him a partner in hisfirm.
Legal Concepts63) Leona drove into an eatery and ordered Volcano Chicken. Harry, who took her order, was anew employee who had started working in the eatery the same day. When asked if the chickenshe ordered was very spicy, Leona was informed by Harry—who was not aware of all details ofthe eatery yet—that it was not. However, when Leona took a bite, she found the hot sauceextremely spicy which resulted in her choking on the piece of chicken and requiring medicalhelp. Which of the following statements is true in this context?A) Harry can be sued for fraud in inducement.B) Harry's employment can be terminated for having committed fraud in inception.C) Harry can be sued for innocent misrepresentation.D) Harry cannot be sued for innocent misrepresentation.
Factual Application52) The measure of damages, recovered from a misrepresentation, is ________.A) the actual value of the propertyB) the represented value of the propertyC) the difference between the value of the property as represented and the actual value of thepropertyD) twice the actual value of the property which includes punitive damages
Legal Concepts49) What is scienter?A) knowledge that a representation is falseB) undue influence used on a party to a contractC) another term for duressD) damages given to a victim of fraud
Factual Application15Copyright © 2013 Pearson Education, Inc.69) Which of the following constitutes duress?A) a plaintiff threatening the defendant that he will not drop the lawsuit until the defendant payshim a certain amount of moneyB) a teacher threatening a student that he will be expelled if he is found with cigarettes againC) a wife threatening to commit suicide if her abusive husband does not stop beating herD) a father using his dominant and fiduciary position to unduly influence his son into committinga crime