Affirmative Defences Flashcards
What are the 7 types of affirmative defense?
Statute of Frauds
Impossibility
Frustration of Purpose
Unilateral Mistake
Bilateral/Mutual Mistake
Illegality
Minority
What are the conditions for a statue of frauds defense?
If contract is verbal, where there is no signature, it can be used
Can only be used for:
Transfer of real property
Sale of Goods >$500
Suretyships (promising to pay someone else’s debt)
K by which its terms cannot be completed within one year
Marriage Related
What is Impossibility?
Whereby, the performance of the contract is not possible (e.g. fire burn down house for sale)
What is Frustration of Purpose?
A situation which would make fulfilling the contract pointless (not fit the purpose of the contract). (e.g. death of grandfather before birthday after booking rental to celebrate birthday)
What is a Unilateral Mistake?
a mistake in which one party mistakes or misunderstands what the contract entails - the court does not cover for a bad trade.
To beat unilateral mistake defense the offeree must prove beyond reasonable doubt the other party was deliberately misleading
What is a bilateral/mutual mistake?
when both parties do not fully understand what the contract entails
What is Illegality?
Whereby terms of contract are not legal
What is Minority?
When a contract is made with a minor then they can void contract at any time - however if they act upon contract after age of majority they forfeit this right.
