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Contracts 2 (Lack of Capacity (MINOR, MENTAL DISADVANTAGE, CORPORATIONS,…
Contracts 2
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Lack of Consent
MISTAKE
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Common
Agreement between parties is conditional upon belief by both parties; at time of agreement, belief was incorrect
Unilateral
One party made mistake; relates to fundamental aspect; other party sought to take advantage of mistake
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UNDUE INFLUENCE
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if stronger party takes advantage, other party then isn't exercising their independent judgment
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If there is no presumption of an influence, weaker party must prove that the relationship was based on controlling influence; accused party can try to prove this wasn't the case
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