Mistake

Description: Mistake Quiz: Test Your Understanding of Contract Law
Number of Questions: 15
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Tags: contract law mistake
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Which of the following is NOT an element of a mistake that can void a contract?

  1. Materiality

  2. Bilaterality

  3. Inducement

  4. Unconscionability


Correct Option: B
Explanation:

Bilaterality is not an element of a mistake that can void a contract. The elements of a mistake that can void a contract are materiality, inducement, and unconscionability.

A mistake of ____ occurs when a party enters into a contract based on a belief that is not true.

  1. Fact

  2. Law

  3. Judgment

  4. Value


Correct Option: A
Explanation:

A mistake of fact occurs when a party enters into a contract based on a belief that is not true. A mistake of law occurs when a party enters into a contract based on a misunderstanding of the law. A mistake of judgment occurs when a party enters into a contract based on a poor decision. A mistake of value occurs when a party enters into a contract based on a misunderstanding of the value of the subject matter of the contract.

Which of the following is NOT a type of mistake of fact?

  1. Unilateral mistake

  2. Mutual mistake

  3. Common mistake

  4. Equitable mistake


Correct Option: D
Explanation:

Equitable mistake is not a type of mistake of fact. Unilateral mistake occurs when only one party to a contract is mistaken about a material fact. Mutual mistake occurs when both parties to a contract are mistaken about a material fact. Common mistake occurs when all parties to a contract are mistaken about a material fact.

A mistake of ____ occurs when both parties to a contract are mistaken about a material fact.

  1. Fact

  2. Law

  3. Judgment

  4. Value


Correct Option: A
Explanation:

A mistake of fact occurs when both parties to a contract are mistaken about a material fact. A mistake of law occurs when both parties to a contract are mistaken about the law. A mistake of judgment occurs when both parties to a contract make a poor decision. A mistake of value occurs when both parties to a contract misunderstand the value of the subject matter of the contract.

Which of the following is NOT a remedy for a mistake that voids a contract?

  1. Rescission

  2. Reformation

  3. Damages

  4. Specific performance


Correct Option: D
Explanation:

Specific performance is not a remedy for a mistake that voids a contract. Rescission is the cancellation of a contract. Reformation is the correction of a mistake in a contract. Damages are a monetary award to compensate a party for a loss suffered as a result of a breach of contract.

A mistake of ____ occurs when a party enters into a contract based on a misunderstanding of the law.

  1. Fact

  2. Law

  3. Judgment

  4. Value


Correct Option: B
Explanation:

A mistake of law occurs when a party enters into a contract based on a misunderstanding of the law. A mistake of fact occurs when a party enters into a contract based on a belief that is not true. A mistake of judgment occurs when a party enters into a contract based on a poor decision. A mistake of value occurs when a party enters into a contract based on a misunderstanding of the value of the subject matter of the contract.

Which of the following is NOT a type of mistake of law?

  1. Ignorance of the law

  2. Mistake of foreign law

  3. Mistake of statutory law

  4. Mistake of case law


Correct Option: A
Explanation:

Ignorance of the law is not a type of mistake of law. Mistake of foreign law occurs when a party enters into a contract based on a misunderstanding of the law of a foreign country. Mistake of statutory law occurs when a party enters into a contract based on a misunderstanding of a statute. Mistake of case law occurs when a party enters into a contract based on a misunderstanding of a court decision.

A mistake of ____ occurs when a party enters into a contract based on a poor decision.

  1. Fact

  2. Law

  3. Judgment

  4. Value


Correct Option: C
Explanation:

A mistake of judgment occurs when a party enters into a contract based on a poor decision. A mistake of fact occurs when a party enters into a contract based on a belief that is not true. A mistake of law occurs when a party enters into a contract based on a misunderstanding of the law. A mistake of value occurs when a party enters into a contract based on a misunderstanding of the value of the subject matter of the contract.

Which of the following is NOT a factor that courts consider when determining whether to void a contract for mistake of judgment?

  1. The materiality of the mistake

  2. The reasonableness of the mistake

  3. The parties' relative bargaining power

  4. The sophistication of the parties


Correct Option: C
Explanation:

The parties' relative bargaining power is not a factor that courts consider when determining whether to void a contract for mistake of judgment. The materiality of the mistake, the reasonableness of the mistake, and the sophistication of the parties are all factors that courts consider.

A mistake of ____ occurs when a party enters into a contract based on a misunderstanding of the value of the subject matter of the contract.

  1. Fact

  2. Law

  3. Judgment

  4. Value


Correct Option: D
Explanation:

A mistake of value occurs when a party enters into a contract based on a misunderstanding of the value of the subject matter of the contract. A mistake of fact occurs when a party enters into a contract based on a belief that is not true. A mistake of law occurs when a party enters into a contract based on a misunderstanding of the law. A mistake of judgment occurs when a party enters into a contract based on a poor decision.

Which of the following is NOT a type of mistake of value?

  1. Unilateral mistake

  2. Mutual mistake

  3. Common mistake

  4. Equitable mistake


Correct Option: D
Explanation:

Equitable mistake is not a type of mistake of value. Unilateral mistake occurs when only one party to a contract is mistaken about the value of the subject matter of the contract. Mutual mistake occurs when both parties to a contract are mistaken about the value of the subject matter of the contract. Common mistake occurs when all parties to a contract are mistaken about the value of the subject matter of the contract.

A mistake of ____ occurs when all parties to a contract are mistaken about a material fact.

  1. Fact

  2. Law

  3. Judgment

  4. Value


Correct Option: A
Explanation:

A mistake of fact occurs when all parties to a contract are mistaken about a material fact. A mistake of law occurs when all parties to a contract are mistaken about the law. A mistake of judgment occurs when all parties to a contract make a poor decision. A mistake of value occurs when all parties to a contract misunderstand the value of the subject matter of the contract.

Which of the following is NOT a remedy for a mistake of value?

  1. Rescission

  2. Reformation

  3. Damages

  4. Specific performance


Correct Option: D
Explanation:

Specific performance is not a remedy for a mistake of value. Rescission is the cancellation of a contract. Reformation is the correction of a mistake in a contract. Damages are a monetary award to compensate a party for a loss suffered as a result of a breach of contract.

A mistake of ____ occurs when a party enters into a contract based on a belief that is not true and the other party knows or should have known of the mistake.

  1. Fact

  2. Law

  3. Judgment

  4. Value


Correct Option: A
Explanation:

A mistake of fact occurs when a party enters into a contract based on a belief that is not true and the other party knows or should have known of the mistake. A mistake of law occurs when a party enters into a contract based on a misunderstanding of the law and the other party knows or should have known of the mistake. A mistake of judgment occurs when a party enters into a contract based on a poor decision and the other party knows or should have known of the mistake. A mistake of value occurs when a party enters into a contract based on a misunderstanding of the value of the subject matter of the contract and the other party knows or should have known of the mistake.

Which of the following is NOT a type of mistake that can be cured?

  1. Unilateral mistake

  2. Mutual mistake

  3. Common mistake

  4. Equitable mistake


Correct Option: D
Explanation:

Equitable mistake is not a type of mistake that can be cured. Unilateral mistake can be cured by the mistaken party rescinding the contract. Mutual mistake can be cured by the parties agreeing to rescind the contract or by reforming the contract. Common mistake can be cured by the parties agreeing to rescind the contract or by reforming the contract.

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