Contract Cont Genuine Consent 09 24 2013 Mistakes Contracts can either be voidable or not change Unilateral Mistake One part is mistaken about some material item regarding the contract Usually no nullification of contract you have to deal with the mistake Unless the other party knows or should have known about the mistake Mutual Mistake Both parties are mistaken about some material item regarding the contract Contract is voidable Innocent Misrepresentation Victim of innocent misrepresentation can void the contract Discloser Rules Contracts can be voidable No Duty To Volunteer If selling an item you do not have the duty to volunteer any types of details Unknown Defect Or Condition If you are the seller and you have knowledge of a defect or condition you have an obligation to state it Active Concealment If the seller has porously done something to conceal a defect or condition the seller must disclose that information Fraud Contracts can be voidable False Statements Of Face Knowledge Of Falsity Intent That Listener Rely Listener Does Rely Hard Results Victims in fraud can sue for fraud or can keep the said item and receive the difference in value of the item Undue Influence Contracts can be voidable Confidential relationship One person takes advantage of someone s because of the contract Deprivation Of Free Will Duress Violence or threat of violence Victim of a contract entered under duress can avoid a contract if they choose
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