Defenses to Enforceability

Question 1

Age Minority

Answer 1

Entering into a contract with a minor

o When you enter into a contract with a minor the contract is voidable at the option of the minor when they reach the age of majority. Not auto void, @ option of minor.

Question 2

Mental Disease/ Legally Insane

Answer 2

the contract is void

Question 3

Duress

Answer 3

Because you put me under that threat I entered into the contract

Question 4

Undue influence

Answer 4

looking for uneven bargaining position. Either because of power, statue, place negotiation the contract. Unfair tactic, bargaining position

Question 5

Unconscionability

Answer 5

focus on the result. If we go forward with the contract the result itself will be unconscionable. Its about the result will be unfair.

Question 6

Illegal

Answer 6

unenforceable to enter into a illegal contract

Question 7

Contracts

Mistake

Answer 7

2 kinds- Unilateral and Mutual

Question 8

Unilateral Mistake

Answer 8

if 1 party is mistaken about a term in the K that’s gen not a defense. Unless the other party knew about the mistake. Or there was a clerical error that caused the mistake

Question 9

Mutual Mistake

Answer 9

if both parties were mistaken about a material term. That is a defense because there was no meeting of the mind.

Remedy recision: put in position as if this never happened.

Question 10

Intentional Misrepresentation

Answer 10

Intentional: I was trying/ intending to say something that would cause you reliance.

Centor: I knew or should have known it was false with intent to induce reliance upon you. Has to be material, intentionally

-Same as Torts-
o AKA
1. Misrepresentation of material fact
2. Scienter
3. Intent to induce reliance
4. Reliance
5. Damages

Question 11

Negligent Misrepresentation

Answer 11

Wasn’t trying to do it but there was an omission, forgot to tell you, left something out and it caused you to rely because I didn’t tell you

 Usually looking for a special relationship between the parties.

• Same as Torts-
• o AKA – look for special relationship
  1. Negligence
  2. Special relationship
  3. Detrimental reliance
  4. Damages

Question 12

Non Compete Clauses

Answer 12

they can be enforceable but gen have to be reasonable.

Question 13

Statue of Frauds

Answer 13

Certain k are so impt that they need to be in writing.

MYLEGS

Question 14

MYLEGS Meaning

Answer 14

-Marriage
-Contract that cannot be performed within a year
-Land
* Part performance: A) I paid you something of value and either take possession of the land or make certain improvements on the land that’s part perf and now the contract no have to be in writing.
-Executor/ Administrator
-Guarantor/ Surety- If he doesnt pay I will.
-Sale of goods $500 or more
-Exception- Part performance, Merchant confirmation

Question 15

Elements for a contract writing

Answer 15

1. The parties
2. subj matter
3. material terms of the contract)
4. contract has to be signed by the party to be charged.