defenses

Question 1

What are contract enforceability defenses

Answer 1

illegality, public policy, capacity, duress, undue influence, mistake of fact, misrepresentation, unconscionability

Question 2

Illegality

Answer 2

A contract cannot be enforced if the contract is illegal or violates public policy. For a contract to be unenforced on the basis of illegality, the harm cannot be disproportionate to the bargained-for labor

Question 3

Public Policy

Answer 3

A contract should not be enforced because its terms or purpose violate fundamental principles of fairness, morality, or public welfare, even if it otherwise meets the requirements of a valid contract

Question 4

Lack of capacity

Answer 4

A party lacked the legal ability to enter into a binding agreement, such as minors or those with mental incapacities, rendering the contract voidable or void

Question 5

Duress

Answer 5

Occurs when a party is coerced into a contract against their will by an improper threat, rendering the contract voidable.

A contract is voidable on the ground of duress when it is established that the party making the claim was forced to agree to it by means of a wrongful threat precluding the exercise of his free-will

Question 6

Undue Influence

Answer 6

Makes a contract voidable if one party unfairly pressured or manipulated another into entering into a contract, thereby undermining their free will

Question 7

Mistake of Fact

Answer 7

where both parties enter a contract with a shared incorrect belief about a material fact, can render the contract voidable

Question 8

Misrepresentation

Answer 8

Incorrect or fraudulent assertions of fact during contract negotiations that cause reliance on the part of the other party. The false statement must be relied on or material

Question 9

Unconscionability

Answer 9

If a contract is unfair or oppressive to one party in a way that suggests abuses during its formation, a court may find it unconscionable and refuse to enforce it