Chapter 3 Key facts checklists

Chapter 3 Key facts checklists

Contract II: mistake, misrepresentation, duress, and undue influence
  • The law imposes restrictions on certain persons (such as minors) when forming a contract.
  • A fundamental mistake can make a contract void.
  • There is no definite definition of a term, but the courts have identified various tests to differentiate a term from a representation.
  • A contract formed on the basis of misrepresentation will make the contract voidable, but the innocent party must act promptly if he/she wishes to repudiate.
  • Duress and undue influence affect the validity of a contract.
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