ANSWERS-CH13 - Her lack of scienter only means that she did...

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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 even though he did not inquire about the quality of the water, even though his failure to discover the true facts might constitute negligence. Here the facts were known to the seller, not known to the buyer, and would presumably be material to the transaction. (If this fact were not material, then B would not be able to establish all the elements of misrepresentation under breach of duty to disclose.) 22. Slickwillie's argument is incorrect. Damages are available only for fraud and not for misrepresentation. This was a case of misrepresentation, in view of King's good-faith and reasonably-based belief in the truth of what she said. Slickwillie's remedy would therefore be rescission rather than damages. King's argument is also incorrect.
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Unformatted text preview: Her lack of scienter only means that she did not commit fraud and therefore cannot be held liable for damages. She still committed misrepresentation. This means that Slickwillie is entitled to rescission, which clearly is a form of legal relief. Answers to Student Study Guide and Workbook Questions 26 23. The doctrine of mistake is different from the doctrines of misrepresentation, fraud, duress, and undue influence in that it is not particularly concerned with policing dishonest or unscrupulous conduct. Instead, the doctrine of mistake is concerned with achieving just results by releasing people from contracts resulting from a misunderstanding about a fundamental assumption on which the contract is based. Answers to Student Study Guide and Workbook Questions 27...
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ANSWERS-CH13 - Her lack of scienter only means that she did...

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