September 28, 2011 - Defenses to Contract Enforceability (Chapt 12)

1. Describe the concept of voluntary consent.

2. Define a bilateral mistake.

3. Define a unilateral mistake.

4. When can a contract, in mistake, be recinded?

5. Brief Inkel v. Pride Chevrolent.

6. In a unilateral mistake, can a contract be rescinded because of a mathematical error?  Why or why not?

7. What are the three elements of fraudulent misrepresentation?

8. Do you think Anthony (page 291) will prevail if he sues Yahoo for misrepresentation?

9. What is misrepresentation by conduct?

10. What is misrepresentation of law?

11. *** Define misrepresentation by silence.

12. Brief Rosenzweig v. Givens.

13. What is an intent to deceive?

14. What is the third element of fraud (page 294)? 

15. What is the statute of frauds?  Why is it important?

16. List the five statute of frauds.

17. Why do promises made in consideration of marriage need to be in writing?

18. What governs the sale of goods?

19. What are the four exceptions to the statute of frauds?

20. Describe the parole evidence rule.

21. List the seven (7) exceptions to the PER (parole evidence rule).