Often a party to a contract wants to avoid his or her 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 buyer could not be awarded the equitable remedy of rescission if the seller honestly believed that his or her misrepresentation, which persuaded the buyer to buy, was true.
◦ An illiterate or blind person might successfully argue non est factum and avoid his or her obligations under a contract only if he or she was misled about the very nature of the document and was not careless.
◦ Where a written document embodies the original oral agreement, a party to the contract could ask the court for the equitable remedy of rectification.
◦ If a seller persuades a person to buy something by an innocent misrepresentation, the buyer could ask for rescission and damages for the tort of deceit.
◦ Independent legal advice given to a person is good evidence of undue influence.
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