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?
A) A buyer could not be awarded the equitable remedy of rescission if the seller honestly believed that his misrepresentation, which persuaded the buyer to buy, was true.
B) If a seller persuades a person to buy something by a innocent misrepresentation, the buyer could ask for rescission and damages for the tort of deceit.
C) A person can successfully argue non est factum and avoid his obligations under a contract only if he was misled about the very nature of the document and was not careless.
D) Independent legal advice given to a person is good evidence of undue influence.
E) Where, a written document embodies the the original oral agreement, a party to the contract could ask the court for the equitable remedy of rectification.
Correct Answer:
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