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Legal Concepts33) Taking advantage of another person's mental, emotional, or physical weakness and undulypersuading that person to enter into a contract constitutes duress.
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- The most common type of damages in a contract case are:
- Case 1: Paul (North Carolina) sues Silas (North Carolina) for breach of contract in North Carolina federal court. Silas files a motion to dismiss for lack of subject matter jurisdiction, which is denied. Silas ultimately wins a jury verdict. Paul appeals for lack of subject matter jurisdiction, but the appeal fails.Case 2: Upset by the verdict, Paul sues Silas again in North Carolina state court. Silas files a motion to dismiss the claim as being precluded.Was the court in case #1 a court of competent jurisdiction?A.Yes.B.No.
- Legal Concepts67) What is physical duress?A) physically damaging the contract documentsB) signing a contract without the knowledge that it represents fraudulent informationC) threatening to physically harm someone if he or she does not sign a contractD) persuading a person to rescind a valid contract by misrepresenting the facts