BLAW 300 Lecture Notes - Lecture 6: Undue Influence, Liquidated Damages, Contract
Document Summary
Lack of consent can be a defense to enforceability. Contracts can be voided if there was no consent. If you think you own a van goh and so does the person wanting to buy it. Unilateral: a mistake regarding a material fact, the other person must have known or should have known that the person was mistaken or there was a mathematical error. If you know you don"t own a van goh but the person buying it is under the impression that it is one. Mistake of value/quality: not a defense (never protected) The innocent party justifiably relied on the misrepresentation. The party was harmed as a result of the misrepresentation. Ex: trying to sell a car and says that it has much better features/add- ons than it really does. There must be clear and convincing evidence that the party was not acting of their own free will. Duress- holding a gun to someone and telling them to do something.
