Defenses to Enforceability

Question 1

Age

Answer 1

a contract with a minor is VOIDABLE at the option of minor

Question 2

Mental Illness

Answer 2

VOID

Question 3

Duress

Answer 3

Wrongful Threat

Question 4

Undue Influence

Answer 4

Uneven bargaining position

Question 5

Unconscionability

Answer 5

Result itself will be unfair

Question 6

Illegal

Answer 6

Unenforceable

Question 7

Unilateral Mistake

Answer 7

Generally not a defense UNLESS
- other party knew of mistake
- clerical error

Question 8

Mutual Mistake

Answer 8

Both Parties mistaken about material term
Remedy: rescission

Question 9

Intentional Misrepresentation

Answer 9

Knew/should have known of falsity with intent to induce reliance

Question 10

Negligent Misrepresentation

Answer 10

Causes the innocent party to detrimentally rely

Question 11

Non-compete Clauses

Answer 11

reasonable under the circumstances

Question 12

Statute of Frauds

Answer 12

MYLEGS
Marriage
One Year
Land
Executor
Guarantor/Surety
Sale of goods of $500 or more

Question 13

SoF Land Exception

Answer 13

showing of 2 out of 3:
1) Some payment
2) possession of lang
3) Valuable improvements

Question 14

SoF Guarantor/Surety Exception

Answer 14

1) Look to main purpose/ motive
2) If self-serving, contract does NOT need to be in writing

Question 15

SoF Sale of goods of $500 Exception

Answer 15

1) Partial Performance will take contract out of SOF
2) Merchant Confirmation:
- Confirmation signed by sender
- Includes the quantity
- No written objection within 10 days

Question 16

Legal Writing needs:

Answer 16

1. Parties
2. Subject Matter
3. Material Terms
4. Signed by party to be charged