QUESTION 2 Which of the following is the rule in many states regarding a minor's misrepresentation of...

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General Management

QUESTION 2

  1. Which of the following is the rule in manystates regarding a minor's misrepresentation of his or herage?

    a.

    That if a competent party relies on a misrepresentation in goodfaith, the minor gives up the right to disaffirm the agreement.

    b.

    That the minor must restore the competent party to that party'sprecontractual position before obtaining the disaffirmance.

    c.

    That the minor may disaffirm but that the competent party hasthe right to sue the minor in tort and recover damages forfraud.

    d.

    That misrepresentation does not affect the minor's right todisaffirm the contract.

    e.

    That misrepresentation results in the minor receiving a returnof only half the consideration he or she supplied.

1 points   

QUESTION 3

  1. When a former minor does not specifically state that he affirmsa contract entered into as a minor, but takes some action that isconsistent with intent to ratify the contract, which of thefollowing has occurred?

    a.

    Implied ratification

    b.

    Express ratification

    c.

    Express novation

    d.

    Implied novation

    e.

    Continued safety

QUESTION 4

  1. A[n] ________ is a false representation of a material fact thatis a misstatement of fact that is intentionally made andjustifiably relied upon.

    a.

    Negligent misrepresentation

    b.

    Fraudulent misrepresentation

    c.

    Scienter misrepresentation

    d.

    Acknowledged misrepresentation

    e.

    True misrepresentation

5- Gordon, Melinda's long-time attorney, uses his position asher attorney to persuade her to sign over her property to Gordon'sbest friend Bartholomew. This is undue influence.

True

False

Answer & Explanation Solved by verified expert
3.6 Ratings (456 Votes)
Ans 2 option d That misrepresentation does not affect the minors right to disaffirm the contract Explanation Contracts with minors 431802 states that the minor has to only disaffirm from the contract by manifesting the intention not to be bound by it It can be manifested by words or action A minor can disaffirm the contract any time when he is minor or within a reasonable time after the minor comes of age The disaffirmance must be within a time frame and the contract must be disaffirmed in entirety Only    See Answer
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