Contracts Law

  1. Defenses to Contract Enforcement
    1. Lack of Capacity
      1. Minors
        1. Rights of Disaffirmance
          1. Ratification After Reaching Majority
            1. Necessaries Doctrine
            2. Mental Incapacity
              1. Cognitive Test
                1. Motivational Test
                  1. Determination of Incompetence
                  2. Intoxication
                    1. Voluntary Intoxication
                      1. Involuntary Intoxication
                        1. Recognition of Intoxication During Contracting
                      2. Duress
                        1. Physical Duress
                          1. Economic Duress
                            1. Threats to Person or Property
                              1. Overcoming Will
                                1. Effectiveness of Illegal Pressure
                                2. Undue Influence
                                  1. Relationship Dynamics
                                    1. Fiduciary Relationships
                                      1. Special Vulnerability
                                        1. Dominance and Control
                                        2. Unfair Persuasion
                                          1. Impact on Contract Terms
                                            1. Burden of Proof
                                            2. Fraud and Misrepresentation
                                              1. Fraudulent Misrepresentation
                                                1. Elements: Misrepresentation, Scienter, Intention, Justified Reliance, Damages
                                                2. Innocent Misrepresentation
                                                  1. No Intent to Deceive
                                                    1. Basis for Rescinding a Contract
                                                    2. Negligent Misrepresentation
                                                      1. Lack of Reasonable Care in Representation
                                                        1. Impact on Contract Validity
                                                      2. Mistake
                                                        1. Unilateral Mistake
                                                          1. Impact on Assent
                                                            1. Knowledge by Non-mistaken Party
                                                              1. Allocation of Risk
                                                              2. Mutual Mistake
                                                                1. Fundamental Assumptions
                                                                  1. Meeting of the Minds
                                                                    1. Equitable Relief Options
                                                                  2. Illegality
                                                                    1. Public Policy and Statutes
                                                                      1. Impact of Illegal Purpose
                                                                        1. Severability of Contract Terms
                                                                          1. No Recovery for Parties at Fault
                                                                          2. Unconscionability
                                                                            1. Procedural Unconscionability
                                                                              1. Inequitable Bargaining Power
                                                                                1. Conditions of Contracting
                                                                                2. Substantive Unconscionability
                                                                                  1. Unjust or Oppressive Terms
                                                                                  2. Combined Effects
                                                                                    1. Court Relief by Reforming or Rescinding Contract
                                                                                  7. Breach of Contract
                                                                                  First Page
                                                                                  9. Third-Party Rights