Chapter 14

Question 1

Knowledge of, and genuine assent to, the terms of a contract.

Answer 1

Voluntary Consent

Question 2

A mistake that occurs when one party to a contract is mistaken as to a material fact.

Answer 2

Unilateral Mistake

Question 3

A mistake that occurs when both parties to a contract are mistaken about the same material fact.

Answer 3

Bilateral Mistake

Question 4

A defect that is not obvious or cannot readily be ascertained.

Answer 4

Latent Defect

Question 5

A misrepresentation that occurs when a person makes a false statement of fact that he or she believes is true.

Answer 5

Innocent Misrepresentation

Question 6

A misrepresentation that occurs when a person makes a false statement of fact because he or she did not exercise reasonable care or use skill and competence required by her or his business or profession.

Answer 6

Negligent Misrepresentation

Question 7

Persuasion that is less than actual force but more than advice and that induces a person to act according to the will or purposes of the dominating party.

Answer 7

Undue Influence

Question 8

Unlawful pressure brought to bear on a person, overcoming that person’s free will and causing actions that he or she would not have otherwise done.

Answer 8

Duress