合同与履行第 862 / 1605 题
'Undue influence' as a ground to rescind a contract typically involves:
a.A routine competitive bid
b.A fair, arm's-length negotiation between equals
c.A clearly written price term
d.Unfair persuasion of a party who is under the domination of, or reposes trust in, another, depriving them of free judgment
解析
Undue influence involves using a position of trust, authority, or a party's vulnerability to apply unfair persuasion that overcomes the weaker party's free will, so the resulting assent is not truly voluntary. It commonly arises where one party depends on or trusts the other. A contract tainted by undue influence is voidable. It is the opposite of a fair, arm's-length dealing between equals, and it is unrelated to how clearly the price is written or to ordinary competitive bidding.
免费刷完整 1605 道题库 — 无需注册。
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: