Final answer:
Genuine assent may be missing from an offer or assent through fraud, duress, or mistake.
Step-by-step explanation:
Genuine assent may be missing from an offer or assent in several ways:
- Fraud: This occurs when one party intentionally misrepresents a material fact in order to induce the other party to enter into the contract. For example, if a seller of a car claims that it has never been in an accident when it actually has, the buyer's assent is not genuine.
- Duress: When one party is forced or threatened to enter into a contract against their will, their assent is not genuine. For instance, if someone signs a contract under physical or economic threats, their consent is not valid.
- Mistake: If both parties have a mutual mistake about a material fact of the contract, their assent may not be genuine. For example, if both parties agree to buy and sell a painting, believing it to be an original, but later discover it is a replica, their assent is not genuine.