Emotion As Duress
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Contracts1
Example wrong choices
14390_stephens-inherited-violin · CONTRACTS · Choice AAt the time of the sale, Stephen was angry and distraught over a quarrel earlier that morning in which a relative had insulted his late grandfather.
Why it's attractive
Emotional upset with no wrongful threat; duress doctrine not in play.
Why it's wrong
Emotional upset with no wrongful threat; duress doctrine not in play.
14390_stephens-inherited-violin · CONTRACTS · Choice BThe violin was the only instrument Stephen had ever owned, and he did not know how to evaluate old or rare instruments.
Why it's attractive
True fact about seller's ignorance, but omits the necessary element (buyer's knowing nondisclosure).
Why it's wrong
True fact about seller's ignorance, but omits the necessary element (buyer's knowing nondisclosure).
14390_stephens-inherited-violin · CONTRACTS · Choice DStephen did not learn until after the sale that the buyer was an experienced instrument dealer.
Why it's attractive
Buyer's expert status is a non-dispositive element; expertise alone imposes no duty to disclose superior judgment of value.
Why it's wrong
Buyer's expert status is a non-dispositive element; expertise alone imposes no duty to disclose superior judgment of value.
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