CHAPTER 11

CHAPTER 11 - CHAPTER SUMMARY Duress Definition wrongful or...

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CHAPTER SUMMARY Duress Definition wrongful or unlawful act or threat that overcomes the free will of a party Physical Compulsion coercion involving physical force renders the agreement void Improper Threats improper threats or acts, including economic and social coercion, render the contract voidable Undue Influence Definition taking unfair advantage of a person by reason of a dominant position based on a confidential relationship Effect renders a contract voidable Fraud Fraud in the Execution a misrepresentation that deceives the other party as to the nature of a document evidencing the contract renders the agreement void Fraud in the Inducement renders the agreement voidable if the following elements are present: False Representation positive statement or conduct that misleads Fact an event that occurred or thing that exists Materiality of substantial importance Mann CH 11- 1
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Knowledge of Falsity and Intention to Deceive called scienter and includes (a) actual knowledge, (b) lack of
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This note was uploaded on 10/14/2010 for the course BUS 5503 taught by Professor Sorrell during the Fall '10 term at Troy.

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CHAPTER 11 - CHAPTER SUMMARY Duress Definition wrongful or...

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