Contracts can be disaffirmed by a minor o Mentally impaired or intoxicated

Contracts can be disaffirmed by a minor o mentally

This preview shows page 15 - 18 out of 18 pages.

Contracts can be disaffirmed by a minor o Mentally impaired or intoxicated persons o Lack of Genuine Consent Fraud Tricking people into a contract Misrepresentation of material fact Intent to deceive Caveat emptor (let the buyer beware): silence – typically, people do not have duty to say something, but there are a few exceptions where silence can constitute fraud o Latent Defects o Fiduciary Relationship o Superior Knowledge Mistake Mutual mistake: mutual mistake as to existence of identity, or character of subject matter of contract Unilateral: One party to contract is mistaken about a material fact o Rescission not allowed unless the mistake was apparent to the other party Duress Any wrongful act of one person that compels a manifestation of apparent assent by another to a transaction without his violation Preludes him from exercising free will and judgment Undue Influence Punk nephew Elements o Person was induced into contract by dominant party’s power and influence o Dominant party used this power to take advantage Pg. 416 – Unilateral mistake CASES Redd v. NY State Div. of Parole
Image of page 15
EEOC v. Abercrombie U.A.W v. Johnson Controls Olson v. Northern FS Inc. Wagenseller v. Scottsdale Memorial Hospital Jacobson v. United States State v. Joy Otis Engineering Corp. v. Clark
Image of page 16
Brown v. PCOM Smith v. Gross
Image of page 17
Al-Dabagh v. Case Western Reserve University Precision Concepts Corp. v. General Employment & Triad Personnel Services Carol v. Lee & Deskovick et. Al. v. Porzio Newman v. Schiff Lucier v. Town of Newfolk Hamer v. Sidway Quarture v. Aleghny County Stambovsky v. Ackley Beachcomer Coins Inc. v. Boskett
Image of page 18

You've reached the end of your free preview.

Want to read all 18 pages?

  • Spring '08
  • Baker

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes