Defenses To Contracts Flashcards
If someone was minor or _ at time entered into contract, may be used as defense to validity of contract
Mentally incompetent
Being minor or mentally incompetent defense is called _ to contract
Lack of capacity
If there was mutual mistake in contract, it could void a contract because there has been no meeting of minds, theee fore _
No agreement
Example of no meeting of minds two of the same cars in same spot and _
Buyer agrees to buy the wrong one
Example of no meeting of minds two of the same cars in same spot and _
Buyer agrees to buy the wrong one
It is not unheard of that in course of defending contract claim, defendant may claim that _
They were induced to enter into contract due to fraud
Fraud can be loosely defined as
Misrepresentation of a material fact
A misinterpretation that may constitute fraud you ask seller _ and they tell you no even though they have
If they have had a wet basement
If seller lied about basement after you bought the house, you may _
Sue the seller for the fraud
Other contract claims can come in form of (d, u)
Duress
Undue influences
Other conceivable defenses to contract claim could come in the form of (i, f)
Impossibility
Frustration
Duress may come in forms that can be
More subtle
(No gun to head to sign contract)
Undue influence is when person has great deal of control over other party and _
Utilizes control to make person enter contract
Undue influence example. Someone has power of attorney for elderly and has them sign contract to _
Sell house 100k under market value
Impossibility is when it becomes impossible to _ due to something that is unforeseen by parties
Perform a contract
