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chapter 7 vocab
Term | Definition |
---|---|
duress | occurs when one party uses an improper threat or act to obtain an expression of agreement Duty of accounting requires agent to account to |
fraud | intentional misrepresentation of an existing, important fact |
fraudulent misrepresentation | party to a contract knows that a statement he or she made is untrue.. |
genuine assent | agreement to enter into a contract that is evidenced by words or conduct between the parties. |
innocent misrepresentation | party to a contract does not know that a statement he or she made is untrue. |
material fact | important facts that influence both parties’ decisions about a contract |
mutual mistake | both parties to a contract have an incorrect belief about an important fact |
ratification | acting toward the contract as though one intends to be bound by it, principal’s assent to unauthorized acts of an agent. |
rescission | backing out of the transaction by asking for the return of what you gave and offering to give back what you received. |
undue influence | occurs when one party to a con-tract is in a position of trust and wrongfully dome-nates the other party. |
unilateral mistake | occurs when one party holds an incorrect belief about the facts related to a contract. |
void | without legal effect |
voidable | contract in which the injured party can withdraw, thus cancelling the contract |