Defenses

Question 1

Defenses

Answer 1

May make K unenforceable

Question 2

Lack of capacity

Answer 2

Minor, mental, intoxicated

Question 3

Contracting with a minor

Answer 3

Can’t but minor can disaffirm/enforce against you

If minor retains benefit after turns of age = enforceable

Can contract with minor for necessities but minor must pay fair market value

Question 4

Duress

Answer 4

Usually econ

Question 5

Ambiguity/Misunderstanding

Answer 5

No meeting of the minds on material term

Question 6

Mutual mistake

Answer 6

Mistake of value = no defense
Mistake of existence = defense

Question 7

Unconscionable

Answer 7

Unfair surprise or oppressive terms

Question 8

Statute of Frauds

Answer 8

MY LEGS must be in writing

M: when marriage=consideration(not promise)
Y: impossible to complete in 1 year
L: land sales
E: executors
G: goods $500 +
S: surety (guarantee debt of another)

Question 9

Writing that satisfies SOF

Answer 9

Sale of goods: quantity + Defs signs
Other: material terms + Defs signs

Question 10

SOF Exceptions

Answer 10

Leases for less than 1 year

Part performance (2/3) of prop K (payment, possession, improvement)

Full performance of service K

Buyer paid for goods + in possession

Judicial admission-admit K

Merchants confirmatory memo