Which of the following refers to the mental state of the defendant?

Multiple Choice

• Res ipsa
• Scienter
• Carpe diem
• Corpus delicti

Undue influence:

Multiple Choice

• requires force but not fraud.
• requires misrepresentation of a material fact.
• requires a confidential relationship.
• requires fraud and force.

Deb's doctor has diagnosed her as medically insane because she suffers from periodic paranoid delusions.

Multiple Choice

• Deb does not have the capacity to contract.
• Deb may have the capacity to contract if, despite her delusions, she has sufficient capacity to understand the nature and effect of the contract.
• Deb has the capacity to contract if she is literate.
• Deb has the capacity to contract until a conservator has been appointed by the cour

Which of the following was the result in Wethington v. Swainson, the case in the text involving a minor injured during skydiving lessons and the attempted disaffirmance of a release of liability in favor of the provider signed by the minor and the minors parents?

Multiple Choice

• That because the parents also signed the release regarding prospective dangers, it could not be disaffirmed by the minor.
• That because a known and ultrahazardous activity was involved, the release could not be disaffirmed.
• That parents of a minor may not release a minors prospective claims for negligence, and that the minor could disaffirm.
• That the minor could disaffirm only if she could prove that the defendant failed to sufficiently set forth the prospective dangers and that, otherwise, the minors signature and that of the parents was effective.

Which of the following is true regarding the situation of a party to a contract who is the victim of misrepresentation?

Multiple Choice

• The contract is voidable by the victim.
• The contract is considered issued in error.
• The victim may not ratify the contract because it is considered of no legal effect.

The victim may not be held to have ratified the contract because wrongful conduct may not be ratified