Civil Law Questions
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Assent of a party to a contract may be manifested in any manner sufficient to show agreement,including conduct.
Legal Concepts15) Scienter means knowledge that a representation is false or that it was made without sufficientknowledge of the truth.
Legal Concepts6) A material fact is a fact that is irrelevant to the subject matter of a contract but pertains to theconduct of the parties.
Legal Concepts13) To be actionable as fraud, the misrepresentation must have been the sole factor in inducingthe innocent party to enter into the contract.
Legal Concepts8) If there has been a mutual mistake, the contract cannot be rescinded.
Legal Concepts4) Mistakes in clerical or mathematical errors which are not the result of gross negligence areconsidered unilateral mistakes.
Legal Concepts17) The measure of damages awarded to the innocent party for fraud is the difference betweenthe value of the property as represented and the actual value of the property.
Legal Concepts5) In most cases of unilateral mistake, the mistaken party is permitted to rescind the contract.
Legal Concepts3Copyright © 2013 Pearson Education, Inc.14) Predictions about the future generally do not form the basis for fraud.
Legal Concepts16) A misrepresentation is considered fraud even if it is made without intent to deceive anotherparty.
Legal Concepts2) Unilateral mistake is a mistake in which only one party is mistaken about a material factregarding the subject matter of a contract.
Legal Concepts9) A unilateral mistake occurs if both parties know the object of the contract but are mistaken asto its value.
Legal Concepts10) When a mutual mistake of value occurs, the contract remains enforceable by either party.
Legal Concepts2Copyright © 2013 Pearson Education, Inc.7) An ambiguity in a contract may constitute a mutual mistake of a material fact.
Legal Concepts12) A misrepresentation of a material fact is actionable as fraud only if it occurs by words.
If one person is to receive something but gives nothing in return the contract may....
The idea behind consideration is that each party to the agreement receives....
When a document is ________ the signature is verified by a notary public, who then applies a notary seal.
Can companies disclaim implied warranties?
True/False: if a term was left out because the parties were unable to reach agreement about it, this would indicate that the intent to contract was absent and no contract would result, even under the Code's more liberal rules.