Unit 2 - CHAPTER 14 Mistakes, Fraud and Voluntary Consent...

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CHAPTER 14 – Mistakes, Fraud and Voluntary Consent C. Genuineness of assent and impairments to offer and acceptance 1. Duress (a) Victim's volition overcome by fear. For example a person forced to a contract because there is a gun on their head. If a contract is made by duress the contract would be voidable, extreme duress would make a contract void. Case: plaintiff in construction business had a contract that provided if plaintiff encountered rocks money would be added to the price. Rocks were found and money was added to the price. Work was finished and the defendant refused to pay the contract price. The plaintiff was desperate and agreed to an amount of 50K 25 now and 25 later and they papered it. (b) Test for duress Objective and subjective tests; Subjective test recognizes differences in people, if shaq’s fear can be proven then the contract is voidable. 2. Fraud and innocent misrepresentation (a) Victim's volition(essence of duress) overcome by deceit. (b)
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Unit 2 - CHAPTER 14 Mistakes, Fraud and Voluntary Consent...

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