What is a false representation of a material fact that is consciously false and intended to mislead the other party?

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632A[n] ______ is a false representation of a material factthat is consciously false and intended to mislead the otherparty.Fraudulent misrepresentation633Which of the following involves the active hiding of thetruth about a material fact?Concealment634Which of the following refers to an intentional failure toprovide pertinent information about a projected contract?Nondisclosure635In determining whether a mistake of fact occurred, whatof the following is true?Courts look to determine whether a mistake of fact occurredat the time the contract was concluded.636Which of the following refers to special relationships inwhich one person has taken advantage of his or herdominant position in a relationship to unduly persuade the

other person?Undue influence637Which of the following is found when one party wasforced into an agreement by the wrongful act of another?Duress638Which of the following is involved in a situation in whicha person refuses to perform according to a contract unlessthe other person either signs another contract with the onemaking the threat or pays that person a higher price thanwas specified in the original agreement?Economic duress639Mary and Jason discuss the fact that a new teacher isbeing hired for business law at their school. Jason mentionsthat he does not yet have a book, and Mary agreed to sellJason a used business law book for $30 for the upcomingsemester. When the new semester begins, the new businesslaw teacher announces that a new custom business law textwill be used that is only available in the campus bookstore.Jason wants a refund. Which of the following is Mary's bestdefense?That Jason knew of the change of change of teacher andbore the risk of mistake.640Which of the following occurs when a party threatens tofile a criminal lawsuit unless consent is given to the terms ofa contract?Duress641Selma agreed to buy a used car from Hillary for $2,000.Hillary drew up the contract providing that the exchangewould occur the next week. Unfortunately, Hillary was notvery good with the keyboard and typed in $1,200 as theprice of the car. Selma noticed that the contract said $1,200,not $2,000, and was very pleased. She signed it without

saying anything. When it was time to make the exchange,Selma gave Hillary $1,200. In response to Hillary's inquiryregarding an additional $800, Selma pulled out the contractand showed her that it said $1,200. Hillary immediatelyresponded that she had made a typographical error. Selmasaid that there was no mistake on her part because sheknew exactly what she was doing and that she thought thatHillary had decided to give her a deal on the car. Which ofthe following is Hillary's best argument for a rescission of thecontract?That the mistake resulted from an accidental clerical errorand that it would be unconscionable to enforce the contract.

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Table of contents:

  1. What is a false representation of a material fact?
  2. What is a false representation of a material fact that is consciously false?
  3. Is a false representation of a material fact that is consciously false and intended to mislead?
  4. When the party making the statement would have known the truth about the fact had he used reasonable care to discover or reveal it a negligent misrepresentation results?
  5. Which of the following is true when there is a mutual mistake in a contract?
  6. How do you correct a typo in a contract?
  7. What is the effect of misrepresentation in a contract?
  8. What mistakes make a contract void?

What is a false representation of a material fact?

A misrepresentation is a false statement of a material fact made by one party which affects the other party's decision in agreeing to a contract. If the misrepresentation is discovered, the contract can be declared void and, depending on the situation, the adversely impacted party may seek damages.

What is a false representation of a material fact that is consciously false?

Fraud is a false representation of a material fact that is intended to deceive, and in fact deceives, another so that the individual will act upon it to his or her legal injury.

Is a false representation of a material fact that is consciously false and intended to mislead?

(2) In contracts, a false representation of a material fact that is consciously false and is intended to mislead the other party. Also called intentional misrepresentation. ... A promise to buy or sell that the courts will require that the parties obey.

When the party making the statement would have known the truth about the fact had he used reasonable care to discover or reveal it a negligent misrepresentation results?

3. A negligent misrepresentation results when the party making the statement would have known the truth about the fact had she used reasonable care to discover or reveal it.

Which of the following is true when there is a mutual mistake in a contract?

Which of the following is true when there is a mutual mistake in a contract? When both parties to a contract are mistaken about either a current or a past material fact, only the offeror can rescind the contract.

How do you correct a typo in a contract?

Errors in Your Legal Document

  1. Line through the incorrect information (make sure the information can still be read).
  2. Make the change.
  3. Date and initial the change.
  4. Have the other party date and initial the change also, so it's clear that the change has been acknowledged by both parties.

What is the effect of misrepresentation in a contract?

As to the contract itself, the effect of a misrepresentation is to make it voidable by the injured party who can then choose (subject to some qualifications) whether to set it aside and treat it as if it had never been made (this is called rescission) or to continue with it.

What mistakes make a contract void?

Mistakes That Make a Contract Void

  • Unilateral mistake.
  • Mutual mistake.
  • Mistake as to identity.
  • Lack of capacity.
  • Allocation of risk.
  • Defective contracts.
  • Failure to understand.
  • Mistake relating to documents.

Is a false representation of a material fact that is consciously false?

Misrepresentation is a false statement by a party about a material fact. Misrepresentation is a false statement by a party about a material fact.

What is a misrepresentation of material fact?

Material misrepresentation of material fact, is the intentional omission of a material fact in order to motivate a certain transaction to take place. In these cases, the material fact would generally be considered negative against the value represented by the transaction.

Is a false statement about a fact material to an agreement that the person who made the statement believed to be true?

A misrepresentation is a false statement of a material fact made by one party which affects the other party's decision in agreeing to a contract.

When one party is forced into an agreement by the wrongful act of another it known as ?

Duress is found when one party was forced into the agreement by the wrongful act of another. An example of duress is when one party threatens physical harm to gain consent to a contract.