6) Defenses Flashcards
defenses: result
1) defense in a breach of k suit (to use to make the k go away)
defenses: result: exception
unconscionability different
infancy/incapacity: result
defense
misrepresentation: result
defense
duress: result
defense
undue influence: result
defense
public policy: result
defense
defenses: CL or UCC?
both (UCC as supplement)
infancy/incapacity? CL or UCC?
both (UCC as supplement)
misrepresentaiton: CL or UCC?
both (UCC as supplement)
duress: CL or UCC?
both (UCC as supplement)
undue influence: CL or UCC?
both (UCC as supplement)
unconscionability: CL or UCC?
both (UCC as supplement)
public policy: CL or UCC?
both (UCC as supplement)
defenses (list)
1) infancy/incapacity
2) misrepresentaiton
3) duress
4) undue influence
5) unconscionability
6) public policy
incapacity: kinds
1) infancy
2) mental incompetence
infancy: rule
minor can k, but voidable AT MINOR’S OPTION
infancy: effect of marriage/emancipation
none (majority of js)
infancy: effect of misrepresenting minor’s age
none (majority of js)
infancy: result if disaffirms k
1) minor must return goods received
2) minor NOT liable for damages
3) minor NOT liable for reasonable value of use (exception)
infancy: result if disaffirms k: exception
necessaries: CAN recover reasonable value of goods/services (in quasi-k)
infancy: ratification (inc result)
1) after turn 18
2) can be express or implied
3) result: now bound and can’t disaffirm anymore
ratification: implied
continuing to use the thing after turning 18 / becoming competent
infancy: def
under 18