Defenses to Contract Flashcards

1
Q

Breach of K

A

No label, can sue for damages or equitable remedies

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2
Q

Illegal

A

Void, voidable, unenforcabel

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3
Q

Fraud in inducement

A

Voidable

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4
Q

Misrepresentation

A

Voidable

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5
Q

Minor

A

Void, voidable, unenforceable

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6
Q

Insane

A

Void, voidable, unenforceable

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7
Q

Intoxication

A

Voidable

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8
Q

Unconscionability

A

Void, voidable, unenforceable

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9
Q

Duress

A

Void (extreme), voidable (mild), unenforceable

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10
Q

Discharge

A

Discharge

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11
Q

Bankruptcy

A

Discharge, Unenforceable

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12
Q

Undue Influence

A

Voidable

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13
Q

Statute of Limitations

A

Unenforceable

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14
Q

Lack of Agreement

A

No contract existed

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15
Q

Mutual Mistake of Fact

A

Voidable

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16
Q

Unilateral Mistake of Fact

A

Voidable (if other party knew of the mistake) - Rare

17
Q

Concealment

A

Voidable - Rare

18
Q

Statute of Frauds

A

Unenforceable (If SoF applies, there is no written evidence, and no exception applies)

19
Q

Fraud in Execution

A

Void, Unenforceable

20
Q

Lack of Consideration

A

No K existed