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Report
Genuine Agreement
A valid offer has been made by the
offeror, and a valid acceptance has
been exercised by the offeree
Mistake
• Unilateral Mistake
– An error on the part of one of the parties
– Cannot get out of contract
– Types:
• Nature of the Agreement
– Signing a contract you don’t understand or have not read
– This applies to signing a contract in a language you don’t
understand
• Identity of a Party
– Bound by contract with face to face meetings
– May be able to void a contract made NOT face to face
• Bilateral Mistake (Mutual Mistake)
– Both parties are mistaken
– Types:
• Possibility of Performance
– Contract is impossible to perform Either party can void
contract
• Subject Matter
– Either party can void contract
Fraud
• Deliberate deception for an unfair or
unlawful gain
– Define each word in bold
•
•
•
•
Deliberate: Done with or marked by full
consciousness of the nature and effects;
intentional
Deception: The fact or state of being
deceived
Gain: To secure as profit or reward
In order to prove fraud, you must prove
the above 3 definitions
•
Proving Fraud:
1. False Representation of Fact
1. Must be a material (important) fact
2. Concealment (nondisclosure) may be considered
false representation
2. Representation Known to be False
3. False Representation Intended to be Relied
Upon
4. False Representation Actually Relied Upon
5. Resulting Loss
Innocent Misrepresentation
• Make an innocent statement of supposed
fact that turns out to be false
• Injured party has the right to rescind (take
back) the offer No rights to damages
Duress
• Overcoming a person’s will by use of force or by
threat of force or bodily harm
• Economic Duress
– Threats to a person’s business or income
• Actual physical harm will void the contract
• Threat of physical harm will make contract
voidable
• A threat of exercising one’s legal right is NOT
duress Ex Threatening to sue someone and you
have right to sue, is NOT duress
Undue Influence
• Unfair and improper persuasive pressure
within a relationship of trust
Match the column on left with
who they have undue influence
over in the right column?
1.
2.
3.
4.
Doctor
Lawyer
Parents
Teacher
1.
2.
3.
4.
Answers: 1-4, 2-3, 3-2, 4-1
Student
Children
Client
Patient

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