3 - Ch 13

Question 1

contractual capacity

Answer 1

the ability to understand that a contract is being made and to understand its general meaning

Question 2

status quo ante

Answer 2

the original positions of the parties

Question 3

necessaries

Answer 3

thins indispensable or absolutely necessary for the sustenance of human life

Question 4

reformation

Answer 4

a remedy by which a written instrument is corrected when it fails to express the actual intent of both parties because of fraud, accident, or mistake

Question 5

confidential relationship

Answer 5

a relationship in which, because of the legal status of the parties or their respective physical or mental conditions or knowledge, one party places full confidence and trust in the other

Question 6

undue influence

Answer 6

the influence that is asserted upon another person by one who dominates that person

Question 7

physical duress

Answer 7

threat of physical harm to person or property

Question 8

economic duress

Answer 8

threat of financial loss

Question 9

duress

Answer 9

conduct that deprives the victim of free will and that generally gives the victim the right to set aside any transaction entered into under such circumstances