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15 Cards in this Set
- Front
- Back
Duress
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Conduct that deprives the victim of free will and that gives the victim the right to set aside any transactions antered into.
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Undue influence
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Influence thats's asserted upon another person by one who dominates that person.
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Active Concealment
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Constists of a positive act of hiding info from another person by phisical concealment or reckelessly furnishing the wrong info.
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nondisclosure
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serves to make a contract voidable especially when the nondisclosure consists of active concealment and pasive failure to volunteer info.
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Confidential
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relationshiprelationship in which b/c of legal status of the parties or their respective physical or mental conditioning or knowledge, partly places full confidence and trust in the other.
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reformation
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remedy by which a written instrument is corrected when it fails to express the actual intent of both parties b/c of fraud, accident, or mistake.
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Contracts minors cannot avoid
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Cannot avoid educational loans, medical care contracts, business contracts, contracts approved by a court, contract made in performance of legal duty, relating to bank accounts insurance policies, and corporate stock.
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factual incapacity
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may exist when, b/c a mental condition, drugs, illness, or age, a person doesn't understan that a contract is being made or understand its general nature.
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status incapacity
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to protect classes of people who lack contractual capacity by giving them the ppower to get out of unwise contracts
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conditional promisses
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promise that depends on the occurrance of a specifice condition in order for the promise to be binding.
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forbearance as consideration
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refraining from doing an act that an individual has legal right to do, or it may consist of a promise of forbearance.
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good-faith adjustment
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to enfore a 2nd promise to pay a contractor a greater amount for the performance of the orgininal conrtact when there are extraordinary circumstances caused by unforeseeable difficulties and when it is a reasonable amount.
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promissory estoppel (4things)
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1 promisor makes a promise that lacks consideration 2 promisor intents or should reasonably except that the promisee will rely on the promise 3 promisee relies on the promise in some definite and substantial manner 4 enforement of the promise is the only way to avoid injustice.
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illusory promise
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doesn't impose any obligation on the promisor.
*Unenforeable and no consideration. |
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law # 2-209 (5things)
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1 agreement needs consideration to be binding 2 signed argument which excludes modification or resession can't be modified or rescinded w/o signed writing 3 statue of frauds must be satisfied if the conduct as is modified is w/i provisions 4 recession or modification can operate as a waiver. 5 strict performance will be requirred of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.
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