Ch. 6: Contractual Intent

Question 1

contract of adhesion

Answer 1

contract entered into where one party has an unfair bargaining position; voidable

Question 2

duress

Answer 2

force or coercion used to induce agreement to contract

Question 3

fraud

Answer 3

a misrepresentation of a material fact made with the intent to deceive; relied on by the other party to his or her detriment

Question 4

mental duress

Answer 4

psychological threats used to induce a person to contract

Question 5

misrepresentation

Answer 5

misstatement of a material fact relied on by the other party to his or her detriment; no intent to defraud

Question 6

mistake

Answer 6

misconception of the subject matter of a contract

Question 7

mutual mistake

Answer 7

misconception of the subject matter of a contract by both parties; unenforceable

Question 8

physical duress

Answer 8

threatening physical harm to force a person to contract

Question 9

undue influence

Answer 9

mental duress by a person in a close and particular relationship to the innocent party

Question 10

unilateral mistake

Answer 10

misconception of the subject matter of a contract by only one party to the contract; may be enforceable

Question 11

voidable contract

Answer 11

a contract that one party may void at his option without being in breach of contract