Ch 15: Mistakes, Fraud, and Voluntary Consent Flashcards
Duress
putting pressure on someone to sign a contract
Economic Duress
no such thing. If phone costs 65 but sells at 400 there is economic duress, but it cannot invalidate a contract
contracts may be unenforceable if parties didn’t genuinely consent to the deal due to
duress, undue influence, misrepresentation (fraud), mistake
undue influence
One party has confidential information about another party (blackmailing someone)
misrepresentation
(fraud) telling a lie to gain an unfair advantage
unilateral mistake
one party makes a mistake. Courts don’t allow parties to get out of a contract
bilateral mistake
both parties make a mistake. Contract becomes unenforceable
mistakes of value
Contract is still enforceable because courts don’t know the value of anything. Need to take care of your own self-interest.