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Business law class 1) An important difference between duress and undue influence

ID: 464432 • Letter: B

Question

Business law class

1) An important difference between duress and undue influence is that:

duress always involves physical force, while undue influence involves some type of money exchange

duress is wrongful coercion while undue influence is unfair persuasion.

duress always makes contracts void

duress is something your similar to test stress

2) A court has held that a certain contract violates public policy. This contract will be treated the same as:

an illegal contract.

a contract between a minor and an adult.

the court won't consider public policy

a personal matter between two people

3) Sue wanted to purchase a car. She went to "Honest Bob's" used car sales. She was interested in a classic 1956 Jaguar XK 140 roadster. Bob told her "this is a great car – it runs like a dream, it is a sweet ride". Bob's statements are legally considered to be:

fraudulent, if they are false.

a joke

opinion or puffery statements.

material representations.

A.

duress always involves physical force, while undue influence involves some type of money exchange

B.

duress is wrongful coercion while undue influence is unfair persuasion.

C.

duress always makes contracts void

D.

duress is something your similar to test stress

Explanation / Answer

1. B. duress is wrongful coercion while undue influence is unfair persuasion.
Undue is the one which influence and involves situations of unfair persuasion instead of the aspects of coercion which is present their in duress.

2. C. the court won't consider public policy
Courts is not going to enforce contracts that are illegal or those who violate public policy.

3. C. opinion or puffery statements.
Bob's statements is the opinion or puffery statements which do not have any material value.