Unformatted text preview: Undue influence one person taking advantage of a position of power over another person if undue influence by fraud then it’s voidable Mistake Oops? Mistake of fact, not mistake of value 2 types: Unilateral mistake – e.g. mathematical error Bilateral mistake Mutual mistake of fact – agreement is voidable by either party Fraud Fraud in the inducement (voidable) – 4 elements Must be misrepresentation of material fact Is it fact? Innocent misrepresentation (voidable by rescission) Gen. rule – Silence is not fraud Intent to deceive...
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- Fall '08
- Criminal defenses, mistake Mutual mistake, Exculpatory clauses Clauses