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journal article
The Cambridge Law Journal
Vol. 64, No. 3 (Nov., 2005)
, pp. 711-744 (34 pages)
Published By: Cambridge University Press
//www.jstor.org/stable/4500841
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Journal Information
The Cambridge Law Journal publishes articles on all aspects of law. Special emphasis is placed on contemporary developments, but the journal's range includes jurisprudence and legal history. An important feature of the journal is the Case and Comment section, in which members of the Cambridge Law Faculty and other distinguished contributors analyse recent judicial decisions, new legislation and current law reform proposals. The articles and case notes are designed to have the widest appeal to those interested in the law - whether as practitioners, students, teachers, judges or administrators - and to provide an opportunity for them to keep abreast of new ideas and the progress of legal reform. Each issue also contains an extensive section of book reviews. Current issues of the journal are available at //www.journals.cambridge.org/clj
Publisher Information
Cambridge University Press (www.cambridge.org) is the publishing division of the University of Cambridge, one of the world’s leading research institutions and winner of 81 Nobel Prizes. Cambridge University Press is committed by its charter to disseminate knowledge as widely as possible across the globe. It publishes over 2,500 books a year for distribution in more than 200 countries. Cambridge Journals publishes over 250 peer-reviewed academic journals across a wide range of subject areas, in print and online. Many of these journals are the leading academic publications in their fields and together they form one of the most valuable and comprehensive bodies of research available today. For more information, visit //journals.cambridge.org.
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Kubasek Chapter 10 Quiz
| Major obstacles to genuine assent include all of the following? | Mistake, Undue Influence, Duress |
| A __________ mistake is the result of an error by one party about a material fact. | Unilateral |
| A __________ mistake is an error made by both parties to the agreement. | Mutual |
| All of the following conditions would permit a court to invalidate a contract on the grounds of unilateral mistake? | One party made a mistake about a material fact, and the other party either knew or had reason to know about the mistake. The mistake was caused by a clerical error that did not result from gross negligence. |
| For a mutual mistake to interfere with legal consent, it must involve all of the following? | A basic assumption about the subject matter of the contract An adverse effect on a party who did not agree to bear the risk of mistake at the time of the agreement |
| A __________ is an untruthful assertion by one of the parties about a material fact | Misrepresentation |
| A(n) __________ results from a false statement about a fact material to an agreement that the person making the statement believed to be true. | Innocent misrepresentation |
| The essential elements of fraud include all of the following? | A false statement about a past or existing fact that is material to the contract. Intent to deceive Justifiable reliance on the false statement by the innocent party to the agreement |
| __________ is present when the party accused of making the fraudulent assertion believed that the assertion was false or made the claim without any regard for whether it was true or false. | Scienter |
| __________ refers to 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. | Undue influence |