Quiz 5 review
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George Brown College Canada *
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LAW2003
Subject
Law
Date
Jun 18, 2024
Type
docx
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5
Uploaded by ProfessorMosquitoMaster1102
Damages as a remedy for misrepresentation will not be available in which of the following situations?
Question 1 options:
A.
Jones, although being careful, makes an innocent misrepresentation persuading Smith to enter a contract with him.
B.
Jones makes a fraudulent misrepresentation, persuading Smith to enter a contract with him.
C.
Jones makes a negligent misstatement, persuading Smith to enter a contract with him.
D.
A false statement made by Jones becomes a term of the contract.
E.
Jones makes and intentional misrepresentation of fact in order to get Smith to sign the agreement.
Which of the following is true about the privity of contract doctrine?
Question 2 options:
A.
It allows any person(s) who suffered as a result of a breach to claim damages.
B.
It allows any person(s) with a specific loss to bring an action.
C.
It restricts the operation of a contract to those who are parties to it.
D.
It excludes parties to the contract from bringing an action.
Which of the following is an example of duress?
Question 3 options:
A.
Joe refuses to sell Harry his car unless Harry offers him more money.
B.
Joe, knowing of Harry's financial situation, refuses to sell him his car.
C.
Joe counter-offers Harry's original offer.
D.
Joe wants to purchase Smith's car from him, and Smith sells it to someone else.
E.
Joe threatens to smash Harry's car if Harry won't sell it to him
With regard to the law concerning misrepresentation, which of the following is true?
Question 4 options:
A.
The case law provides a remedy for a wildly exaggerated claim, such as "This is the best car ever built."
B.
A statement of opinion can be a one-sided mistake.
C.
A misrepresentation can be a false assertion of fact that induces (persuades) the party to contract and need not be an assertion about a term of the contract.
D.
For fraudulent misrepresentation, the buyer could ask only for the equitable remedy of rescission.
E.
A buyer could not be awarded the equitable remedy of rescission if the seller honestly believed that the misrepresentation was true.
Exceptions to the privity of contract rule apply in all the situations below except?
Question 5 options:
A.
Where an interest in land is involved.
B.
Where consideration is not required
C.
Where an insurance contract is involved.
D.
Where goods are sold to a consumer
E.
Where a trust has been created
A fraudulent misrepresentation which induces another person to enter into a contract can result in which of the following remedies?
Question 6 options:
A.
Rescission and/or damages
B.
Rescission only
C.
Damages only
D. Rectification
E.
There is no remedy available for fraudulent misrepresentation
Which of the following is an element of misrepresentation?
Question 7 options:
A.
The statement is false.
B.
The statement must be a promise.
C.
The statement is one of fact.
D.
Both A and C.
E.
All of the above.
Negligent misrepresentation is:
Question 8 options:
A.
An incorrect statement made with due care for its accuracy.
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