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Which of the following is true on appeal regarding the case of Mary W.Scott v.Mid-Carolina Homes Inc. ,discussed in the "Case Nugget" in which the plaintiff sued to recover damages after a salesperson allegedly mistakenly agreed to sell a mobile home to her for a price that was too low,later told her the mobile home could not be sold because of a bent frame,and then proceeded to sell it for a higher price to other buyers?


A) The court refused to find that the defendant had the right to rescind the contract because a mutual mistake was involved.
B) The court found that the defendant had the right to rescind the contract because,even though the salesperson acted questionably,the plaintiff had not made a down payment.
C) The court ruled that the defendant had the right to rescind the contract because a mutual mistake was involved.
D) The court ruled that the defendant had the right to rescind the contract because a unilateral mistake was involved.
E) The court refused to find that the defendant had the right to rescind the contract based on the alleged unilateral mistake.

F) A) and B)
G) A) and C)

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Mistakes in contract law result from untrue statements made by one party to the contract.

A) True
B) False

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In China which of the following is true regarding the treatment of fraudulent misrepresentations by outsiders?


A) Outsiders have been fined heavily and refused permission to enter into more agreements with Chinese firms.
B) Outsiders have been prohibited from doing further business with Chinese firms but not fined because of the country's concern with its reputation with foreign investors.
C) Outsiders have been fined but by law are allowed to continue operation in the country because of the country's concern with joint ventures.
D) Outsiders are jailed for at least 20 years by law.
E) Outsiders are jailed for at least 10 years,fined heavily,and have all property confiscated.

F) None of the above
G) A) and D)

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When duress is at issue,the needed for legal consent has been removed by the specifics of the threat.


A) Consideration
B) Knowledge
C) Realization
D) Free will
E) Specifics

F) B) and C)
G) D) and E)

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Can consumers take legal action against a company for misrepresentation of their products?


A) Consumers cannot sue companies for misrepresentation of their products.
B) Yes,if marketing materials,such as advertising,product labels,and packaging,are seen as misrepresenting what a product truly is or what benefits the product offers.
C) Yes,but one cannot sue for inaccurate packaging or product labels.
D) Consumers can only sue companies for misrepresentation of their products when there is a statute or public policy in place.
E) Yes,but only if the product labels misrepresent what the product offers.

F) A) and B)
G) B) and D)

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Which result is most likely in the dispute between Jen and Monique regarding which used truck was sold,assuming that both Jen and Monique were innocently mistaken and did not intend to defraud the other?


A) Jen will be allowed to pick the truck she wants to buy because she is the buyer,but she may not recover damages.
B) Jen will be allowed to pick the truck she wants to buy because she also had a contract on the ancillary farm.
C) Jen will be allowed to pick the truck she wants to buy because she is the buyer,and she may also recover damages.
D) The contract will be rescinded.
E) Monique will be allowed to pick the truck she wants to sell because she is the seller.

F) A) and B)
G) B) and E)

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Set forth the exceptions that would permit a court to invalidate a contract on grounds of unilateral mistake.

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1)One party made a mistake about a mater...

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Regarding European courts,which statement is true?


A) European courts permit rescission of the contract for a mistake of value when the mistake involves more than 40 percent of the value at the time of the contract.
B) European courts refuse to assume that parties accept the risk when they make a contract that the value might change later.
C) European courts are in total disagreement with the reluctance of American courts to interfere with a contract because the value of the item in question has changed since the agreement.
D) European courts permit rescission of the contract for a mistake of value when the mistake involves more than 50 percent of the value at the time of the contract.
E) European courts permit rescission of the contract for a mistake of value when the mistake involves more than 10 percent of the value at the time of the contract.

F) A) and E)
G) A) and C)

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Which of the following was the result on appeal in the case of Evan Rothberg v.Walt Disney Pictures,the case in the text in which the defendant allegedly used undue influence to obtain a release of employee benefits from a person in the hospital dying of AIDS?


A) The court ruled that a jury question was presented as to whether undue influence was present.
B) The court ruled that the plaintiff was entitled to recover as a matter of law because there was sufficient proof of undue influence.
C) The court ruled that the defendant was rightfully entitled to a summary judgment ruling in its favor because there was no direct evidence of application of excessive pressure by the stronger party.
D) The court ruled that the defendant was rightfully entitled to a summary judgment ruling in its favor because there was no direct evidence of legal undue susceptibility on the part of the weaker party.
E) The court ruled that the defendant was subject to summary judgment because the employer/employee relationship was present when the benefits at issue were granted,and no action for undue influence could later be brought against the employer.

F) B) and C)
G) A) and C)

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