Filters
Question type

Study Flashcards

Which of the following was the result on appeal in the case in the text,Gary W.Cruse and Venita R.Cruse v.Coldwell Banker/Graben Real Estate Inc.,in which the court considered whether the plaintiffs could prevail based on alleged misrepresentations by a salesman that a house was new when it was actually not new leading the plaintiffs to forego a home inspection?


A) That the realtor had merely engaged in sales talk when marketing the home as new which could not be relied upon by the purchasers.
B) That the plaintiffs were barred from proceeding because they knew that the home builder had occupied the house.
C) That the plaintiffs were barred from proceeding because they signed an "as-is" disclaimer.
D) That as a matter of law the plaintiffs were allowed to recover.
E) That a jury question was presented on whether the plaintiffs could have justifiably relied on the defendants' misrepresentation.

F) B) and D)
G) All of the above

Correct Answer

verifed

verified

Which of the following is true regarding Willy's rights in regards to the ring purchase?


A) He will not be able to rescind the contract because Weaver did not make an express false statement regarding the ring.
B) He will not be able to rescind the contract because Weaver did not know the ring was a fake when the initial agreement was made.
C) He will not be able to rescind the contract unless he can prove that Weaver was at least negligent in not realizing the ring was a fake when the initial agreement was made.
D) He will be able to rescind the agreement because Weaver was guilty of duress.
E) He will be able to rescind the agreement because Weaver was guilty of fraudulent misrepresentation.

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

Correct Answer

verifed

verified

Unconscionability is a concept strictly limited today to the sale of goods.

A) True
B) False

Correct Answer

verifed

verified

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?


A) Fraudulent misrepresentation
B) Undue influence
C) Pressing dominance
D) Pressing persuasion
E) Relationship dominance

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

Correct Answer

verifed

verified

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

Correct Answer

verifed

verified

(1)One party made a mistake about a mate...

View Answer

Which of the following was the result in Orville Arnold and Maxine Arnold v.United Companies and Michael T.Searls,involving the issue of whether an arbitration agreement entered into as part of a consumer loan transaction containing a substantial waiver of the consumer's rights,including access to the courts,while preserving for all practical purposes the lender's right to a judicial forum,is void as a matter of law?


A) The court upheld the agreement based upon principles of freedom of contract.
B) The court upheld the agreement as far as the plaintiffs' duty to arbitrate but stated that the same obligation would be imposed on the defendants.
C) The court upheld the agreement so long as the parties agreed that plaintiffs would not be required to pay the defendants' attorney fees even if the defendants prevailed at arbitration.
D) The court found that the waiver of the plaintiffs' rights to a judicial forum considered along with the defendants' retention of such rights and other unfair aspects of the agreement required a finding that the arbitration agreement was void.
E) The court found that the agreement was void because a consumer loan transaction was involved.

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

Correct Answer

verifed

verified

Which of the following involves the active hiding of the truth about a material fact?


A) Concealment
B) Nondisclosure
C) Negligence
D) Masking
E) Veiling

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

Correct Answer

verifed

verified

Showing 61 - 67 of 67

Related Exams

Show Answer