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Exam #2 - Chapter 17
Legal Assent
13
Accounting
Undergraduate 3
10/09/2012

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Term
Legal assent
Definition
a promise the courts will require the parties to obey

(Without legal assent, contracts may be voidable)
Term
Mistake of fact
Definition
erroneous belief about the facts of the contract at the time the contact is concluded
Term
Unilateral mistake
Definition
result of an error by one party about a material fact
Term
Mutual mistake
Definition
Both parties screwed up
Term
Misrepresentation
Definition
untruthful assertion by one of the parties bout the material fact; the mental agreement never occurs
Term
Innocent misrepresentation
Definition
false statement about a fact material to an agreement that the person believed to be true
Term
Negligent misrepresentation
Definition
If truth could have been known by using reasonable care to discover and reveal it
Term
Fraudulent misrepresentation
Definition
• Consciously false representation of a material fact intended to mislead the other party
Term
Concealment
Definition
act of hiding truth about a material fact
Term
Nondisclosure
Definition
failure to provide pertinent information about a contract
Term
Undue influence
Definition
special relationships in which one person takes advantage of a dominant position in a relationship to unfairly persuade the other and interfere with that person’s ability to make his or her own decision
Term
Duress
Definition
one party is forced into the agreement by the wrongful act of another
Term
Adhesion contract
Definition
a contract under which one party has a disproportionate amount of power and has made a mockery of the idea of free will
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