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BLW 201 TF SELF TEST CHAPTER 14 CLARKSON 11TH ED 091208



True/False
Indicate whether the statement is true or false.
 

 1. 

A mistake of fact cannot be bilateral.
 

 2. 

A mistake in value will usually enable a party to a contract to avoid it.
 

 3. 

Even if an obvious, significant clerical error exists in a written contract, the contract is enforceable.
 

 4. 

A general contractor who knows that a subcontractor's bid is a mistake cannot enforce the bid.
 

 5. 

A general contractor who suspects that a subcontractor's bid is a mistake can still enforce the bid.
 

 6. 

To reform a contract is to cancel it.
 

 7. 

If the subject matter of a contract turns out to be more valuable than one of the parties believed it would be, that party can rescind the contract.
 

 8. 

An innocent party can rescind a fraudulent contract.
 

 9. 

An innocent party may seek damages for a fraudulent contract.
 

 10. 

Reliance on an "expert's" statement of opinion may be the basis for an action based on fraud.
 

 11. 

Misrepresentation of a material fact can occur through words alone.
 

 12. 

To recover for fraud, a plaintiff must be under twenty-one years of age.
 

 13. 

Misrepresentation of a material fact cannot occur through conduct alone.
 

 14. 

A seller's failure to disclose a serious defect about a product for sale may give rise to an action for fraud.
 

 15. 

Justifiable reliance is an element of fraud.
 

 16. 

Scienter exists if a party makes a statement that he or she does not believe is true.
 

 17. 

An innocent misrepresentation is not a basis for rescinding a contract.
 

 18. 

A contract entered into under undue influence is voidable.
 

 19. 

Forcing someone to enter into a contract through fear created by threats is undue influence.
 

 20. 

A contract is termed an adhesion contract when both parties adhere to it.
 



 
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