632 A[n] ______ is a false representation of a material fact that is consciously false and intended to mislead the other party. Fraudulent misrepresentation 633 Which of the following involves the active hiding of the truth about a material fact? Concealment 634 Which of the following refers to an intentional failure to provide pertinent information about a projected contract? Nondisclosure 635 In determining whether a mistake of fact occurred, what of the following is true? Courts look to determine whether a mistake of fact occurred at the time the contract was concluded. 636 Which of the following refers to special relationships in which one person has taken advantage of his or her dominant position in a relationship to unduly persuade the
other person? Undue influence 637 Which of the following is found when one party was forced into an agreement by the wrongful act of another? Duress 638 Which of the following is involved in a situation in which a person refuses to perform according to a contract unless the other person either signs another contract with the one making the threat or pays that person a higher price than was specified in the original agreement? Economic duress 639 Mary and Jason discuss the fact that a new teacher is being hired for business law at their school. Jason mentions that he does not yet have a book, and Mary agreed to sell Jason a used business law book for $30 for the upcoming semester. When the new semester begins, the new business law teacher announces that a new custom business law text will be used that is only available in the campus bookstore. Jason wants a refund. Which of the following is Mary's best defense? That Jason knew of the change of change of teacher and bore the risk of mistake. 640 Which of the following occurs when a party threatens to file a criminal lawsuit unless consent is given to the terms of a contract? Duress 641 Selma agreed to buy a used car from Hillary for $2,000. Hillary drew up the contract providing that the exchange would occur the next week. Unfortunately, Hillary was not very good with the keyboard and typed in $1,200 as the price 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 inquiry regarding an additional $800, Selma pulled out the contract and showed her that it said $1,200. Hillary immediately responded that she had made a typographical error. Selma said that there was no mistake on her part because she knew exactly what she was doing and that she thought that Hillary had decided to give her a deal on the car. Which of the following is Hillary's best argument for a rescission of the contract? That the mistake resulted from an accidental clerical error and that it would be unconscionable to enforce the contract.
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