defenses

Question 1

Age (minor)

Answer 1

contract w/ minor is voidable at option of kid

after he turns 18, that is the number that sticks

Question 2

mental disease

Answer 2

void

Question 3

duress

Answer 3

wrongful threat which is why i entered

Question 4

undue influence

Answer 4

uneven bargaining power

Question 5

unconscionability

Answer 5

if we go forward, the result will be unconscionable

Question 6

illegal

Answer 6

not enforceable

Question 7

unilateral mistake

Answer 7

one of is mistaken is not a defense unless the other party knew of the mistake

clerical error- defense

Question 8

mutual mistake

Answer 8

no meeting of minds; recission as if k never happened

Question 9

intentional misrepresentation

Answer 9

1) intentionally say something with
2) scienter- knew it was false
3) to get you to rely

Question 10

negligent misrepresentation

Answer 10

forgot to tell you something

look for special relationship

Question 11

noncompete clauses

Answer 11

have to be reasonable under the circumstances

Question 12

SOF

Answer 12

certain ks are so important they need to be in writing

Question 13

how is it applicable?

Answer 13

M-arriage
Y- cannot be performed within a year (if parties fully performed SOF does not apply)
L- land, including leases (part performance– i pay something of value or make improvements and take possession)
E- executory k
g- guarantor (debt of another)- if purpose is to benefit of me, then it does not have to be in writing
s- sale of goods 500 or more (part performance applies here)

Question 14

merchant confirmation

Answer 14

send you a written confirmation, includes quantity and i sign it and does notobject within 10 days, it will count as a writing

Question 15

What is a writing?

Answer 15

parties, subject matter, basic materials, and party to be charged