Genuine Consent for Contract to Valid
Genuine Consent For contract to valid , both party must genuinely consent , or agree to the contract 1. Unconscionability 2.Duress 3.Undue Influence 4.Mistake 5.Actionable Misrepresentation * Unconscionaboility ( extremely unfair ): Both pt need to have equal power BUT Only 1 pt has superior bargaining power . The other pt has special disability and pt enter to the one-sided , take it or leave it , unfair -- the court decide the contract was unconscionable ( unfair) ++ Special disability : Poverty or extremely need / Old age / language / mental / drunk/ lack edu or explaination * Duress: ( Illegitimate force) Using illegal , illegitimate , inappropriate force or pressure to force some1 to enter contract against their will .
Sign this contract or I will kill u / mother
The force must be illegal or illegitimate . Remedy the weaker pt can void the contract * Undue Influence: Occur when a party enter into a one-sided contract only because the pt trust the other pt so much so they enter the contract base on their trust of other pt – not their own free will
The court will consider : how one sided is the contract – does 1 pt get all the benefit
Did the client have ability to make free and independent choices ( age, knowledge , education lvl)
Did the client receive any independence adives * Mistake (Refuse the contract base on mistake ) one or both pt to a contract have really made a genuine mistake abt a key parts of the contract 1. Common 2. Mutual 3. Unilateral 4. Mistake of Law 5. Non Est Factum
Common mistake : both pt made the same mistake The mistake must be fundamental to the subject ( the subkect must be destroy or does not exist ) . If the mistake is only abt the value or characteristic that is not enough . Remedy by both pt .
Mutual mistake : Each pt to the contract made mistake abt key parts of the contract ,
Sign this contract or I will kill u / mother
The force must be illegal or illegitimate . Remedy the weaker pt can void the contract * Undue Influence: Occur when a party enter into a one-sided contract only because the pt trust the other pt so much so they enter the contract base on their trust of other pt – not their own free will
The court will consider : how one sided is the contract – does 1 pt get all the benefit
Did the client have ability to make free and independent choices ( age, knowledge , education lvl)
Did the client receive any independence adives * Mistake (Refuse the contract base on mistake ) one or both pt to a contract have really made a genuine mistake abt a key parts of the contract 1. Common 2. Mutual 3. Unilateral 4. Mistake of Law 5. Non Est Factum
Common mistake : both pt made the same mistake The mistake must be fundamental to the subject ( the subkect must be destroy or does not exist ) . If the mistake is only abt the value or characteristic that is not enough . Remedy by both pt .
Mutual mistake : Each pt to the contract made mistake abt key parts of the contract ,