BUL-4310 Midterm, CH. 10 with
complete verified
solutions(graded A+)
A material fact is a fact that a reasonable person would consider
important when determining his or her course of action. - answer
True
Voluntary consent may be lacking because of misrepresentation but
not because of a mistake. - answer False
Words or terms in contracts that are subject to more than one
reasonable interpretation can lead to bilateral mistakes. - answer
True
Any party who does not receive what he or she considers a fair
bargain can argue mistake. - answer False
An innocent party does not need to suffer an injury to collect
damages as a result of a misrepresentation. - answer False
Duress is a defense to the enforcement of a contract, but not a
ground for rescission of a contract. - answer False
When the dominant party in a fiduciary relationship benefits from
that relationship, a presumption of undue influence arises. - answer
True
When a party's performance is perfect, it is said to be complete. -
answer True
, A party who in good faith performs substantially all of the terms of
a contract can enforce the contract against the other party. - answer
True
Most contracts need to be performed only to the satisfaction of a
reasonable person unless they expressly state otherwise. - answer
True
Any breach entitles the nonbreaching party to sue for damages. -
answer True
The law allows an innocent party to be discharged when the other
party has materially altered a written contract without consent. -
answer True
An occurrence or event that makes performance temporarily
impossible operates to discharge the parties' contractual duties. -
answer False
A contract will be discharged if supervening circumstances make it
impossible to attain the purpose both parties had in mind when they
made the contract. - answer True
Damages that compensate the nonbreaching party for the loss of a
bargain are known as consequential damages. - answer False
Compensatory damages compensate a party injured by a breach of
contract by punishing the party that breached the contract. -
answer False
A party seeking to recover compensatory damages cannot also
recover in-cidental damages. - answer False
complete verified
solutions(graded A+)
A material fact is a fact that a reasonable person would consider
important when determining his or her course of action. - answer
True
Voluntary consent may be lacking because of misrepresentation but
not because of a mistake. - answer False
Words or terms in contracts that are subject to more than one
reasonable interpretation can lead to bilateral mistakes. - answer
True
Any party who does not receive what he or she considers a fair
bargain can argue mistake. - answer False
An innocent party does not need to suffer an injury to collect
damages as a result of a misrepresentation. - answer False
Duress is a defense to the enforcement of a contract, but not a
ground for rescission of a contract. - answer False
When the dominant party in a fiduciary relationship benefits from
that relationship, a presumption of undue influence arises. - answer
True
When a party's performance is perfect, it is said to be complete. -
answer True
, A party who in good faith performs substantially all of the terms of
a contract can enforce the contract against the other party. - answer
True
Most contracts need to be performed only to the satisfaction of a
reasonable person unless they expressly state otherwise. - answer
True
Any breach entitles the nonbreaching party to sue for damages. -
answer True
The law allows an innocent party to be discharged when the other
party has materially altered a written contract without consent. -
answer True
An occurrence or event that makes performance temporarily
impossible operates to discharge the parties' contractual duties. -
answer False
A contract will be discharged if supervening circumstances make it
impossible to attain the purpose both parties had in mind when they
made the contract. - answer True
Damages that compensate the nonbreaching party for the loss of a
bargain are known as consequential damages. - answer False
Compensatory damages compensate a party injured by a breach of
contract by punishing the party that breached the contract. -
answer False
A party seeking to recover compensatory damages cannot also
recover in-cidental damages. - answer False
