W3 M2 - Contracts 2 PASS Quiz

Select all Vitiating Factors that you see listed below (some may not be vitiating factors)...

• Misrepresentation

• Equitable Estoppel

• Mistake

• Duress

• Misleading and Deceptive Conduct

A false statement made in pre-contractual negotiations defines what concept?

• Mistake

• Fraudulent Misrepresentation

• Misrepresentation

• Negligent Misrepresentation

Select all the elements of Misrepresentation under 'Step 1'

• A false statement of fact

• Made by the representor to the representee

• Before the contract was concluded

• With the intention, or having the effect of, inducing the representee to enter the contract.

• Done fraudulently

A false statement of fact must, generally, be one of existing or past fact.

• True

• False

There is, generally, a duty to disclose material facts prior to entering into a contract.

• True

• False

Who must the false statement be made TO

• FROM the representor TO the representee

• FROM the representee TO the representor

• FROM a third-party TO the representee

To satisfy element 4 (inducing entry into contract) what must the representee show?

• That the representor caused them to enter the contract

• That the representation was the only reason they entered the contract.

• That the representation caused them to enter into the contract.

What are the three types of misrepresentation?

• Common

• Innocent

• Fraudulent

• Negligent

What elements must the reprensentee show to establish negligent misrepresentation?

• The representor owed them a duty of care in making the statement

• The duty of care was breached.

• The breach of duty caused the loss or damage to the representee

• The causation was remote.

To establish fraudulent misrepresentation, which of the following elements must the the representee NOT show?

• The representor knew that the statement was false.

• The representor did not believe the statement was true.

• The representor made the statement recklessly.

• The representee knew the statement was false.