Explore the legal terms and concepts related to Defenses to Enforcement and Formation. Click on any term below to learn more about its definition and applications.
What are the 4 methods of satisfying the Statute of Frauds?
The Statute of Frauds may be satisfied by: (1) performance, (2) a writing, (3) judicial admission, o...
What is the effect of a unilateral mistake of fact on the formation of a contract?
If only one party is mistaken about facts relating to the agreement, then the mistake will not preve...
What is the effect of a mutual mistake of fact on the formation of a contract?
A contract may be voidable if both parties are mistaken about existing facts and: (1) the mistake co...
What is the effect of ambiguous words in an agreement?
No contract is formed where: (1) the parties use a material term that has at least 2 reasonable inte...
What is unconscionability and its effect on the formation of a contract?
Unconscionability occurs procedurally when there is an unfair surprise to a party, or substantively...
What is undue influence and its effect on the formation of a contract?
Undue influence requires: (1) undue susceptibility to pressure by one party, and (2) excessive press...
What is the effect of non-disclosure on the formation of a contract?
Generally, there is no duty to disclose information to another party. However, where nondisclosure i...
What is the effect of misrepresentation on the formation of a contract?
If one party induces another party to enter into a contract by making a known false assertion of fac...
What is the result of an exculpatory agreement that exempts intentional or reckless conduct from liability?
An exculpatory agreement that exempts intentional or reckless conduct from liability is invalid due...
What is the effect on an agreement if its purpose is illegal?
If the subject matter of a contract is legal, then the agreement is enforceable if the plaintiff did...
What is the effect on an agreement if its subject matter or consideration being illegal?
If the subject matter or consideration for a contract is illegal, then the agreement is not enforcea...
"What is the effect of provisions in contracts requiring written modifications?"
Under common law, any contract provision requiring that all modifications need to be in writing are...
What are the requirements for a judicial admission to satisfy the Statute of Frauds?
If a defendant who asserts a Statute of Frauds defense admits in a pleading or in testimony that the...
What are the requirements for performance to satisfy the Statute of Frauds in a sale of specially manufactured goods?
If the contract is for the sale of specially manufactured goods, the Statute of Frauds is satisfied...
What are the requirements for performance to satisfy the Statute of Frauds in a sale of ordinary goods?
Generally, partial performance of a contract involving the sale of goods satisfies the Statute of Fr...
What are the requirements for performance to satisfy the Statute of Frauds in a service contract?
In a service contract, full performance by either side satisfies the Statute of Frauds, but part per...
What are the requirements for performance to satisfy the Statute of Frauds in a transfer of real estate?
Where the seller actually conveys to the purchaser, the seller can enforce the purchaser's promise t...
What is a merchant's confirmatory memo?
A merchant's confirmatory memo occurs where you have a contract between merchants, and one party sen...
What constitutes a valid transfer of interest in real estate?
Generally, valid transfers of real estate must be in writing. Examples include: (1) leases for more...
What constitutes a service contract not capable of performance within a year?
If a contract specifies: (1) a time period of performance longer than one year, or (2) an end-date m...
What is a person without capacity legally obligated to pay for?
A person without capacity is legally obligated to pay for necessities such as food, clothing, medica...
What rights does a contracting minor have upon reaching the age of majority?
A party who enters a contract without capacity but later gains it (e.g., a minor who reaches the age...
What are the 12 defenses to enforcement and formation?
DAMN MUSIC CUP Defenses to enforcement of a contract include: (1) Duress; (2) Ambiguity; (3) Mista...
What is the Statute of Frauds?
The Statute of Frauds prevents fraudulent claims from being brought by requiring certain agreements...
What constitutes lack of capacity?
Persons without legal capacity to contract include: (1) minors; (2) mental incompetents; and (3) int...
What is the result of a covenant not to compete that lacks reasonable need or time and place limits?
A covenant not to compete without a reasonable need or reasonable time and place limits may be inval...
What is the effect of duress on the formation of a contract?
Contracts induced by duress usually involve obtaining assent by making an improper threat and are, t...
What types of contracts fall within the Statute of Frauds?
There are 4 types of contracts within the Statute of Frauds: (1) suretyship contracts; (2) service c...
What is a suretyship contract?
A suretyship agreement is a promise to pay another's debt if they fail to do so (i.e., a guarantee)....
