Chapter 6 Flashcards
A contract regarded by the courts as never having existed, with neither party able to enforce anything under it
void contract
a contract whose defect allows one of the parties to end the contract as if it had never existed
voidable contract
the purpose of the contract must be legal, and even if legal, must be one that a court of law believes should be enforced
legality
the purpose of the contract must not conflict with the interests of society
public policy
the parties must be capable of understanding what they are getting into
capacity
wrongful beliefs about the terms of a contract that cause a person to enter into it
mistakes
a false statement made by one party on an important term in a contract that they know was a reason why the other party agreed to the contract
fraudulent misrepresentation
a false statement, made by one party about an important term in a contract, which they in good faith believed to be true, that was a reason why the other party agreed to the contract
innocent misrepresentation
a duty to disclose, arising out of a special relationship of trust between the parties
utmost good faith
influencing a party to entering a contract through the abuse of a position of dominance
undue influence
coercing a party into entering a contract through the threat or use of harm to their person, their reputation or their finances
duress