Contracts.2

Contracts.2 - Contracts Part Two Contract Defenses,...

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Contracts – Part Two Contract Defenses, Discharge and Remedies I. Breach of Contract – the failure, without legal excuse, to perform the obligations of a contract. II. Defenses to Contract Enforceability A. Genuineness of Assent 1. Unilateral Mistake of Fact – mistake of fact by one party – generally no right to avoid the contract 2. Mutual Mistake of Fact – when both parties are mistaken about a material fact, either party my rescind the contract 3. Fraudulent Misrepresentation a. material fact b. intent to deceive c. justifiable reliance 4. Innocent Misrepresentation – innocent party can cancel the contract. Ex: 215 acres of land vs. 250 acres. 5. Undue Influence – where one party can greatly influence another party. Example: Attorney-Client relationship, guardian-ward relationship 6. Duress – where one party is forced into the agreement. B. Statute of Frauds – legal requirement that certain contracts be in writing. Example: contracts for the sale of land.
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This note was uploaded on 04/15/2009 for the course LGS 200 taught by Professor Turner during the Spring '07 term at Alabama.

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Contracts.2 - Contracts Part Two Contract Defenses,...

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