BLAW 3301 Lecture Notes - Lecture 13: Specific Performance, Liquidated Damages, Consequential Damages
Document Summary
Usury contracts charging more interest than it is allowed in the state law. Revenue raising: design to gain revenue for the state. Public policy contracts: non compete agreements. Courts will carefully see at this and decide if there is a public policy violation. The more restricted the agreement the less likely it will be enforceable o. Exculpatory clauses: when one of the parties want to disclaim all the liability no matter what happens, unconditional contracts. The reality of consent: not holding a person liable unless that promise was made with free will and consent, mistakes i. Mutual mistakes - when both sides are mistakenly about something i. 1. Conscious ignorance: knowing what you don"t know: unilateral mistake i. Only one party is mistaken, contract is still valid i. 1. doing a mistake, the contract is not valid. If the other party knew or should have known that the other party was. The defendant did a misrepresentation of fact i.
