Economic Duress Contract Modification

Summary

In California, economic duress in contract modification requires an improper threat with no reasonable alternative. Fraud involves failure to disclose when legally obligated, while innocent misrepresentation lacks knowledge of falsity. Rescission for unilateral mistake occurs if the non-mistaken party knew or should have known of the mistake. Fraud doesnt require a fiduciary relationship. Mutual mistake rescission doesnt need proof that only one party was mistaken. Undue influence is unlikely in a salesperson-customer relationship.

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A primary distinction between an action based on innocent misrepresentation and an action based on common law fraud is: Group of answer choices that the failure to volunteer information in the seller's possession, if there was a legal duty to disclose that information and it wasn't disclosed, can give rise to a fraud claim that the party making the statement in an innocent or negligent misrepresentation had actual or constructive knowledge that it was false. reasonable reliance on the misrepresentation is required for one, but not the other.
A primary distinction between an action based on innocent misrepresentation and an action based on common law fraud is:
- The failure to volunteer information in the seller's possession, if there was a legal duty to disclose that information and it wasn't disclosed, can give rise to a fraud claim.
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A primary distinction between an action based on innocent misrepresentation and an action based on common law fraud is: Group of answer choices that the failure to volunteer information in the seller's possession, if there was a legal duty to disclose that information and it wasn't disclosed, can give rise to a fraud claim that the party making the statement in an innocent or negligent misrepresentation had actual or constructive knowledge that it was false. reasonable reliance on the misrepresentation is required for one, but not the other.
It seems you're seeking clarity on legal distinctions and requirements. In California, the primary distinction between innocent misrepresentation and common law fraud includes:
- Fraud involves the failure to disclose information when there is a legal duty to do so.
- Innocent misrepresentation can occur without the party knowing the information was false.
Do you need more details on this topic, or is there another legal question you have?
A primary distinction between an action based on innocent misrepresentation and an action based on common law fraud is: Group of answer choices that the failure to volunteer information in the seller's possession, if there was a legal duty to disclose that information and it wasn't disclosed, can give rise to a fraud claim that the party making the statement in an innocent or negligent misrepresentation had actual or constructive knowledge that it was false. reasonable reliance on the misrepresentation is required for one, but not the other.
The primary distinction between an action based on innocent misrepresentation and common law fraud is:
- Fraud: Failure to disclose information when there is a legal duty to do so can give rise to a fraud claim.
- Innocent Misrepresentation: The party making the statement may not have actual or constructive knowledge that it was false.
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Which of the following is grounds for rescission of a contract based on a unilateral mistake? Group of answer choices The non-mistaken party had no idea what the mistaken party was thinking and also had no reason to know. Both parties must be mistaken about a fact. The non-mistaken party caused, knew of, or had reason to know of the mistake.
In California, the grounds for rescission of a contract based on a unilateral mistake include:
- The non-mistaken party caused, knew of, or had reason to know of the mistake.
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Fraud requires proof that the person who committed the fraud was a fiduciary. Group of answer choices True False
False. Fraud does not require the person who committed the fraud to be a fiduciary. The key elements for fraud generally include:
- A false representation of a material fact
- Knowledge of the falsity
- Intent to deceive
- Justifiable reliance by the victim
- Resulting damage
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Which of the following is NOT required to be proved in order to rescind a contract due to mutual mistake? Group of answer choices Proof that the mistake has a material effect on the agreed-upon exchange. That only one of the parties was mistaken. That the mistake relates to a basic assumption on which the contract was made. Proof that the party adversely affected by the mistake did not bear the risk of the mistake.
To rescind a contract due to mutual mistake, it is NOT required to prove that only one of the parties was mistaken.
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Which of the following is NOT required to be proved in order to rescind a contract due to mutual mistake? Group of answer choices Proof that the mistake has a material effect on the agreed-upon exchange. That only one of the parties was mistaken. That the mistake relates to a basic assumption on which the contract was made. Proof that the party adversely affected by the mistake did not bear the risk of the mistake.
To rescind a contract due to mutual mistake, it is NOT required to prove that only one of the parties was mistaken.
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Which of the following relationships is unlikely to provide a basis for an undue influence case? Group of answer choices Salesperson and customer Parent and child Lawyer and client Husband and wife
A relationship between a salesperson and a customer is generally unlikely to provide a basis for an undue influence case. This is because undue influence typically involves a relationship where one party has significant power over the other, such as in relationships involving a parent and child, lawyer and client, or husband and wife.
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