Defenses to Enforceability

Question 1

Age

Answer 1

A contract is voidable at the option of the minor
-at the age of majority

Question 2

Mental Illness

Answer 2

Contract is void

Question 3

Duress

Answer 3

Look for a wrongful threat

Question 4

Undue Influence

Answer 4

Uneven Bargaining situation

Question 5

Unconscionability

Answer 5

The result of the contract will be unfair

Question 6

Illegal

Answer 6

Unenforceable

Question 7

Unilateral Mistake

Answer 7

Only one person is mistaken
-Generally not a defense unless the other person knew about the mistake

Question 8

Mutual Mistake

Answer 8

No meeting of the minds

BAR TIP

Usually in fact patterns involving animals or cards

the remedy is recession

Question 9

Intentional Misrepresentation

Answer 9

Intentionally said something with scienter

with the intent to induce reliance on the other person

Question 10

Negligent Misrepresentation

Answer 10

Causes innocent party to detrimentally rely

Question 11

Non-Compete Clause

Answer 11

Could be enforceable but they have to be reasonable under the circumstances

Question 12

Statute of Frauds

Answer 12

Certain K are so important that they have to be in writing

MYLEGS
Marriage
One-year (cannot be performed within a year)
Land-Lease exception part performance
Executor K - becoming administrator of an estate
Guarantor- promising to pay the debt of another but not for your personal benefit

Sale of good of $500 or more

Question 13

Merchant Confirmation

Answer 13

Takes it out of the SOF world

Includes quantity and signed by merchant and no objection within 10 days