Question: Often a party to a contract wants to avoid his obligations by arguing that the contract was entered into because of a mistake, misrepresentation, undue
Often a party to a contract wants to avoid his obligations by arguing that the contract was entered into because of a mistake, misrepresentation, undue influence, or duress. Which of the following is true with regard to these areas of the law?
Select ALL the true statements.
Incorrect responses will be deducted from correct responses.
Question 7 options:
1) A buyer couldnotbe awarded the remedy of rescission if the seller honestly believed that his misrepresentation, which persuaded the buyer to buy, was true.
2) If a seller persuades a person to buy something by making an innocent misrepresentation, the buyer could ask for rescission and damages for the tort of deceit.
3) Independent legal advice given to a person is good evidence to rebut a presumption of undue influence.
4) Where one party to a contract has made a mistake (accidentally selling an original painting cheaply thinking that it was a much less expensive copy), the court will save the seller from the mistake by applying the remedy of rectification.
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