Defenses

Question 1

Lack of capacity

Answer 1

Minor

intoxicated

mentally incompetent

Rule - incapacitated D has the right to disaffirm a K but does not have to

Exam - if they become incapacitated (18+) and still benefiting under the K can enforce

Exception - incapacitated party liable for necessaries but only for their reaosnable value not contract price

Question 2

ambiguity/misunderstanding

Answer 2

if no meeting o fhte minds, neither can enforce

if one knwos or should have known of the ambiguity, then hold ambiguity against hte one who knoew or should have known.

Question 3

Mutual Mistake about a material fact

Answer 3

if it’s a mistake of the subject matter (e.g. pregnant cow vs non pregnant), then you don’t enforce K

If it’s about value, then you enforce K

If one party is unilaterally wrong, then you must enforce unless it was a product of fraud

Question 4

unconsionability

Answer 4

tests

unfair surprise and oppressive terms are tested at the time the agreement was made. Court decided

EXAM if it’s a long term K that became one sided over time then not unconsionable

Question 5

duress

Answer 5

there’s an improper threat

other party has no reaosnable alternatives

Question 6

statute of frauds

Answer 6

MY LEGS - below are the contracts that must be in writing (oral contracts generally enforceable)

Marriage
Year
Land Sale
Executor
Goods ($500+)
Surety