合同与履行第 862 / 1632 题
'Undue influence' as a ground to rescind a contract typically involves:
a.A threat of unlawful harm that leaves no reasonable alternative but to sign
b.A mistaken belief about a basic fact that both parties shared
c.A knowing misrepresentation of a material fact that the other party believes
d.Unfair persuasion of a party who trusts or depends on the other
解析
Civil Code §1575 defines undue influence as taking an unfair advantage of another's weakness of mind, or using a real or apparent authority or a confidential relationship to get an unfair advantage: consent is given, but not freely, so the contract is voidable. The distractors are its three siblings on the §1567 list of defects in consent — (a) is duress (§1569), (c) is actual fraud (§1572), and (b) is mistake of fact (§1577). All four make a contract voidable; only undue influence turns on a relationship of trust or dominance rather than on a threat, a lie, or an error.
法律依据: Civil Code §1567, §1569, §1572, §1575, §1577免费刷完整 1632 道题库 — 无需注册。
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同考点相关题目
- In interpreting a contract that has both typed and pre-printed (form) terms that conflict, courts commonly give priority to:
- A 'voidable' contract differs from a 'void' contract in that a voidable contract:
- A contractor signs a contract only after the owner threatens physical harm unless the contractor signs. The contract is most likely:
- A mutual mistake of a material fact by both parties at the time of contracting may allow:
- Fraud in the inducement of a contract generally requires proof that a party:
- The remedy of 'restitution' in contract law is designed to:
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审核人 Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — 核实)