SOLVED

81) In which of the following examples would a court be least likely to find that nondisclosure has the same legal effect as an actual false assertion? A) Despite the state’s mandatory disclosure law, Vito fails to mention the mold in his basement. B) The contract involves a sale of a car with bad brakes. C) One of the parties to the contract is the other’s doctor. D) Caroline fails to inform Vito of the recent outbreak of rust on her “rust-free” car that Vito had already agreed to purchase. E) Vito permits magazines orders to ship that are missing some pages. 82) ________ occurs when the party making the false statement claims to have or implies having personal knowledge of its accuracy. A) Intent to harm. B) Scienter. C) Falsity. D) Intent to deceive. E) Accuracy misrepresentation. 83) Which of the following is true about scienter and intent to deceive? A) Scienter and intent to deceive do not involve a party’s personal knowledge of the statement’s accuracy. B) In both scienter and intent to deceive, the party making the statement does not want the contract to be fulfilled on the basis of a falsehood. C) Either scienter or intent to deceive can occur when the party making the false statement claims to have personal knowledge of its accuracy. D) Scienter can occur when the party making the fraudulent assertion believed it was false; intent to deceive occurs when the person making the false statement claims to have personal knowledge of the statement’s accuracy. E) Intent to deceive can occur when the party making the fraudulent assertion believed it was false; scienter occurs when the person making the false statement claims to have personal knowledge of the statement’s accuracy. 84) What did the court rule in Porter v. Domtar Paper Company, LLC, the case in the text in which the plaintiff alleged he signed a Release and Separation Agreement under the duress of losing his job, and thus the Release and Separation Agreement should be void? A) Defendant’s motion to dismiss plaintiff’s duress claim was granted, finding the Release was voluntary since he was not under the duress of losing his home if he did not sign. B) Defendant’s motion to dismiss plaintiff’s duress claim was granted, finding the Release was voluntary since Plaintiff signed the Release the day after he was fired, and thus he was not under the duress of losing his job if he did not sign. C) Plaintiff’s claim of discrimination was not barred by the Release because Plaintiff was under the duress of losing his job if he did not sign. D) Plaintiff’s claim of discrimination was not barred by the Release because Plaintiff was under the duress of a hostile working environment if he did not sign. E) Plaintiff’s claim of discrimination was not barred by the Release because Plaintiff was under the duress of further discrimination if he did not sign. 85) Angela is Piper’s business law professor. Angela wants to enter into a contract with Piper for Piper to serve as her personal assistant. To avoid any potential claim of undue influence, what would be the best advice for Angela? A) Make sure that Piper has independent advice before entering into the contract. B) Make sure Piper is qualified for the job. C) Make sure Piper is paid fairly. D) Do a background check on Piper. E) Make sure the contract does not contain any mistakes. Â Â