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BLS test 3
chapter 17-Legal assent
15
Business
Undergraduate 3
11/29/2010

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Term
legal assent
Definition
a promise to buy or sell that the courts will require the parties to obey
Term
rescinded
Definition
canceled
Term
mistake
Definition
erroneous belief about the facts of the contract at the time the contract is concluded
Term
unilateral
Definition
result of an error by one party about a material fact
Term
mutual
Definition
shared by both parties to the agreement
Term
misrepresentation
Definition
untruthful assertion by one of the parties about a material fact
Term
innocent misrepresentation
Definition
results from a false statement about a fact material to an agreement that the person making the statement believed to be true
Term
scienter
Definition
person who made the false statement had no knowledge of the falsity of the claim
Term
negligent misrepresentation
Definition
happens when the party making the statement would have known the truth about the fact had he used reasonable care to discover or reveal it
Term
fraudulent misrepresentation (intentional misrepresentation)
Definition
false representation of a material fact that is consciously false and intended to mislead the other party
Term
concealment
Definition
the active hiding of the truth about a material fact
Term
nondisclosure
Definition
a failure to provide pertinent information about the projected contract
Term
intent to deceive
Definition
present when the party making the false statement claims or implies that he or she has personal knowledge of the accuracy of the assertion
Term
undue influence
Definition
those special relationships in which one person has taken advantage of his or her dominant position in a relationship to unduly persuade the other person
Term
duress
Definition
one party was forced into the agreement by the wrongful act of another
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