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CHAPTER 16: CONTRACTUAL CAPACITY AND GENUINE ASSENT

CHAPTER 16: CONTRACTUAL CAPACITY AND GENUINE ASSENT. CHAPTER 16: CONTRACTUAL CAPACITY AND GENUINE ASSENT. Learning Objectives: Incapacity to Contract Types of Incapacity Case of Minors Genuine Assent Mistake Misrepresentation Other Grounds. INCAPACITY TO CONTRACT.

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CHAPTER 16: CONTRACTUAL CAPACITY AND GENUINE ASSENT

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  1. CHAPTER 16: CONTRACTUAL CAPACITY AND GENUINE ASSENT

  2. CHAPTER 16: CONTRACTUAL CAPACITY AND GENUINE ASSENT Learning Objectives: Incapacity to Contract Types of Incapacity Case of Minors Genuine Assent Mistake Misrepresentation Other Grounds Chapter 16

  3. INCAPACITY TO CONTRACT • Types of Incapacity • Case of Minors • Minors’ Contracts: Voidable • Right to Disaffirm • Ratification • Liability for Necessaries • Third-Party Rights Chapter 16

  4. GENUINE ASSENT • Nature of the Concept • Categories: • Mistake Chapter 16

  5. Mistake • Definition: a state of mind that is inconsistent with reality. • Concept of Materiality • Reformation vs. Avoidance • Nature of Factual Mistake Chapter 16

  6. Mistake (cont.) … • Bilateral Mistake: • Def: all parties make the same mistake • When relief is appropriate • Unilateral Mistake: • Def: only one party makes mistake. • When relief is appropriate • Reformation of Written Contracts Chapter 16

  7. GENUINE ASSENT • Nature of the Concept • Categories: • Mistake • Misrepresentation Chapter 16

  8. Misrepresentation • Types of Misrepresentation • Intentional (Fraud) • Unintentional • Fraud • Nature • Elements Chapter 16

  9. Elements of Fraud • Scienter (or Intent to Mislead) • False Representation • Fact • Opinion • Silence • Justifiable Reliance • Damage Chapter 16

  10. GENUINE ASSENT • Nature of the Concept • Categories: • Mistake • Misrepresentation • Undue Influence and Duress Chapter 16

  11. CHAPTER 16: CONTRACTUAL CAPACITY AND GENUINE ASSENT

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