Defenses Flashcards
SOF writing required
MYLEGS
marriage Ks
year: Ks not to be performed fully within 1y of writing
land sales
executor or admin to answer fora duty of a decedent
guarantys/ suretyships
sale of goods $500+
SOF analysis
K governed by SOF?
SOF satisfied?
Alternative basis for relief?
SOF Writing reqs- CL
parties IDed
nature and sbj matter of K
essential terms of unperformed promises
SOF Writing reqs- UCC
quantity
Ways to satisfy SOF under UCC
- signed writing to indicate a K has been made bt the 2 parties
- merchant’s confirmation (of oral agreement bt merch)
- in-court admission
- part performance (actions by both parties indicating a K exists)
- substantial reliance by seller/ specially mfg-ed goods
minor’s K for necessaries
voidable
other party has the right in quasi-K to recover the reas value of goods or services provided (not the K price)
misrepresentation may be used as
a sword: basis for affirmative relief
shield: defense to enforcement
fraudulent misrepresentation els
assertion inconsistent w facts
state of mind: scienter and intent to mislead
materiality
reas reliance
negligent/ innocent misrep: els
- assertion inconsistent w the facts
- material
- reasonable reliance
- neg: D would have known had he exercised reasonable care
negligent/ innocent misrep/ fraudulent nondisclosure: remedies
avoidance
recission and reliance damages
-misrep: live w K and sue for benefit of the bargain
duress els/ remedies
threat
wrongful in nature
absence of reasonable choice
- Ks made under phys compulsion are void
- otherwise, voidable, and restitution and return of excess value of benefits to the perpetrator
undue influence els/ remedies
unfair persuasion
against a vulnerable party
- voidable
- restitution of any benefits, must return the value in excess of those benefits to the 3p
