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Contract Law (Vitiating Factors (Conflict with a legal rule (void if…

- - - - arises where there is a relationship between 2 parties which puts 1 party to unfairly influence the other
      - involves
        
        unfair/improper conduct
        
        cheating
        
        coercion
      - indirect form of pressure
      - example
        
        parent-child
        
        lawyer-client
        
        doctor-patient
        
        religious leader-follower
      - contract is voidable
    - - actual or threat of violence to
        
        his/her
        
        family
        
        property
        
        a person
  - - - signed docs
      - existence/identity of subject matter
      - identity of person
  - - - opinion
      - law
      - intention
    - - negligent
      - innocent
      - fraudulent
  - - - consideration is illegal
      - purpose is illegal
      - in the public interest not to enforce a contact
  - - - corporation
      - LLP
    - - minors
      - drunkards
      - mentally disordered persons
- - - - damages are adequate
      - contract involves personal service
      - needs constant supervision by courts
  - - - damages are adequate
      - effect is indirect specific performance
  - - - one party has been prevented from completing the work by the other
      - has been partial performance
  - - - party seeking it has affirmed contact
      - 3rd party has acquired rights in the subject matter
      - parties can't be restored to their pre-contractual position
      - delay by the party in seeking rescission
  - - - remoteness of damages
      - duty of innocent party to mitigate his loss
    - - pecuniary loss
      - liquidated damages
      - non-pecuniary loss
- - - - even is self induced
      - difficult to perform
      - not fault of either party
  - - - prevention of performance
      - acceptance of partial performance
      - defective but substantial performance
      - severable contact
  - - - non performance
      - defective performance
    - - distinguish between
        
        breach of condition
        
        breach of warranty
      - approach
        
        condition/warranty
        
        innominate term
      - different legal consequences
      - breach of condition, terminate, & claim damages
      - breach of warranty
        
        damages only
  - - - changes in the law which make performance illegal
      - death/illness
      - destruction of subject matter
      - alternative supply available but beyond delivery date
    - - rising cost that causes
        
        monetary loses
        
        less profitable
        
        extra expenditure
      - alternative supply available but at a higher cost
      - conduct of a party
- - - - implied by
        
        fact
        
        custom
        
        law
      - not specifically discussed
    - - specifically discussed prior to finalizing contract
  - - - breach by one party allows the other to repudiate and be discharged
      - determined in part by the parties's intent
    - - allows remedies and damages but not complete discharge
- - - - presumption that parties intent to make a legally enforceable contract
  - - - rejection by offeree / counter offer
      - death of either party before acceptance
      - withdrawal by offeror prior to acceptance (communicated to offeree)
      - lapse after stipulated/reasonable time
      - once terminated, an offer can't be accepted
    - - distinguish from counter offer
      - positive act (silence is not acceptance)
      - unqualified and unconditional
      - must be communicated to offeror
    - - unilateral
      - distinguish from invitation to treat
        
        calling for tenders
        
        advertisement
      - clear intention of being bound by specified terms upon offerree's acceptance
      - request for information (RFI)