Defenses to contract

Question 1

Age as a defense to contract?

Answer 1

1. A contract with a minor is voidable at the option of the minor
2. Once they become age of majority they can ratify

Question 2

Legally insane defense to contract

Answer 2

void

Question 3

duress defense to contract

Answer 3

Some sort of a wrongful threat to get you to enter into a contract

Question 4

Undue influence defense to a contract

Answer 4

some sort of difference between the bargaining positions of the parties. One is in an unfair position.

Question 5

Unconsciounability defense to contract

Answer 5

If we enforce the contract, the result would be so unfair that t would result in something unconscionable

Question 6

mistake defense to contract

Answer 6

unilateral and mutual mistakes

1. Mutual mistake

   1. Both parties were mistaken about a material term in the contract 
   
    2. Remedy would be to rescind the contract 

2. Unilateral mistake

   1. not a defense 
   
     2. However, if one of us was mistaken but the other party knew about the mistake and wanted to proceed then that is a defense. 
   
   3. Also, mistakes due to clerical errors are a defense. Allowed to reform the contract.

Question 7

Misrepresentation as a contract defense

Answer 7

1. Someone made a misrepresentation
   1. Negligent
   1. Negligently misrepresent a material fact
   2. Intentional
   1. Has to be a material statement that would induce me to reasonable rely which you knew was wrong
   2. Non-dislosure
      
      1. Generally don’t have an obligation to disclose unless there is a relationship of trust

Question 8

Public policy defense to contract

Answer 8

1. Non-compete clasue
   1. If its too unreasonable you can bring it up as a defense
   2. Reasonable based on time and location
   2. Cannot enter into a contract that is illegal or would violate a statute
      
      1. However, if the failure to enforce the contract would harm the people that were supposed to be protected are now injured it ca be enforced

Question 9

Statute of Frauds/

Answer 9

1. Certain contracts need to be in writing
   1. MYLEGS
   1. Marriage

        2. Year 
            1. Unless its for services and its already been performed 
        3. Land 
   
            1. Part performance
                1. If i pay some or all for the land andI take possession or make improvements then no longer need to be in a writing 
   
        4. Executor 
   
        5. Guarantor or assutity 
            1. promise to pay debt of another to a third party only 
            2. If purpose of guauntee is to benefit yourself, then it does not apply 
            3. IF the creditor is just releasing the debt of another because of a guauntee 
   
        6. Sale of good $500 or more 
            1. Part performance for sale of goods then no need for writing  
            2. Merchants confirmation 
                1. If one merchant sends another a written confirmation including quantity term, and you dont object within 10 days of receipt, then we dont need writing 
    2. Paid for an delivered

Question 10

For statute of frauds, what makes it a writing?

Answer 10

patties, basic subject matter, material terms, signed by party to be charged