Defenses to Enforceability Flashcards
defenses to enforceability
Age
mental illness
duress
undue influence
unconscionability
illegality
unilateral mistake
mutual mistake
intentional misrepresentation
negligent misrepresentation
non-compete clauses
Age:
Age:
*A contract with a minor is VOIDABLE at
option of minor
Mental Illness:
Mental Illness:
*Contract is VOID
Duress:
Duress:
*Wrongful threat
Undue Influence:
Undue Influence:
*Uneven bargaining position
Unconscionability:
Unconscionability:
* Result itself will be unfair
Illegal:
Illegal:
*Unenforceable
Unilateral Mistake:
Unilateral Mistake:
*One party is mistaken
*Generally, not a defense unless:
1)Other party knew of mistake
2)Clerical error
Mutual Mistake:
Mutual Mistake:
*Both parties mistaken about material term
*Remedy: Rescission
Examples of MM:
oBuying an animal, but neither party knew the
animal had a disease
oJoe Namath rookie card, but neither party knew it
was from the bottom of the Cracker Jack box
Intentional Misrepresentation:
*Knew/should have known of falsity with
intent to induce reliance
Negligent Misrepresentation:
Negligent Misrepresentation:
*Causes the innocent party to detrimentally
rely
Non-Compete Clauses:
Non-Compete Clauses:
*Reasonable under the circumstances
what does the statute of frauds state?
certain Ks MUST be in writing
Which certain contracts MUST be in writing under the stt of frauds?
MYLEGS
- Marriage
- k cannot be performed in one Year
- Land
- Executor
- Guarantor/surety
- Sale of goods of $500 or more
Part Performance Exception of SOF:
A showing of 2 of these 3
- some payment
- possession of land
- valuable improvements