Defenses to Formation and Enforcement Flashcards
1
Q
What is the defense of undue influence?
A
Undue influence is the unfair persuasion of a party to assent to a contract.
It can occur by virtue of a relationship between the parties in which one party justifiably assumes that the other party will not act in a manner that is inconsistent with his welfare.
It can also occur in a relationship in which one party is dominant and the other dependent.
2
Q
What is the defense of unconscionability?
A
A contract may be unconscionable when a party** with superior bargaining power imposes a contract** of adhesion or otherwise imposes terms that cannot reasonably be seen as fair.
