Our client, Peter LaFleur (“Lafleur”) has been sued for breach of contract. The lawsuit was filed by Perfect Diamond Baseball Academy (“PDBA”) on the ground that LaFleur violated a Noncompetition Agreement that he signed in his employment contract by opening a competing baseball facility after he was terminated. PDBA claims the opening of LaFleur’s business is detrimental to the future success of PDBA. LaFleur is currently a resident of Tallahassee, Florida, and was a student-athlete at the University
Void and Voidable Contracts Void Contracts: A contract is void if it is worthless, that is, not really a contract at all. Some contracts made by minors, for example, are automatically void. Contracts may be declared void on the basis that they oblige the contracting parties to commit illegal acts. Damages cannot be claimed by a party injured by attempting to comply with a void contract. For example, if I contract
opposite site voidable contracts are considered legitimate and are legally enforceable. But voidable contracts can be considered restricting if the involved party be cheated through fraud or at a position of legal disabilities during the period of the contract’s formation. It is impossible for the contract to be voided only in the case that the party makes a decision to see it as void and protest against its enforcement. Parties with the authority to avoid it may authorize a voidable contract in in
According to section 19 of The Indian Contract Act, 1872—When consent to an agreement is caused by coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused. Section 14 of the India Contract Act, 1872 says a Contract is voidable if one of the parties in the contract is induced by coercion, fraud misinterpretation, or a mistake. Where there has been a fraudulent misrepresentation, the innocent party is entitled
consent of parties are contracts. The said agreement is not necessarily being enforceable when the contracts are not made by free will of the parties. Description for free consent falls under section 14 . By virtue of section 19 (1) , agreement is a voidable contract on the grounds of consent to an agreement caused by coercion, undue influence, fraud, misrepresentation or mistake. The party to the contract is able to cancel or revoke the contract when the contract is
from the Latin term rescissio rescindere, meaning to cut or tear open. Under section 27(1) a person interested in a contract may file a suit to rescind the contract. The court ma adjudge rescission in the following cases- (1) Where the contract is voidable or terminable by the plaintiff (2) Where the contract is unlawful for the causes not apparent on its face and the defendant is more to be blamed than the plaintiff . The word countermand implies a specific and unequivocal cancellation of the contract
incompetent person. When a Contract Is Voidable: If a court has not previously judged a person to be mentally incompetent, but the person was incompetent at the time the contract was formed, the contract may be voidable. A contract is voidable in the majority of states if the person did not know that he or she was entering into the contract or lacked the mental capacity to comprehend its nature, purpose, and consequences. In such situations. the contract is voidable (or can be ratified) at the option
other knows about the mistake. However all of these types of mistakes can render a contract void or voidable. Duress: It occurs when one party exercise improper pressure on another party and that party feels like they have to choice apart from entering into the contract where that party enters into a contract as a result of threats, physical violence, force etc. Duress makes the contract voidable...... Duress can take various forms for instance, threats of violence, threats of unlawful restraint
Introduction Both doctrines of unconscionable and undue influence are intended to attain fairness between parties which provide remedies to overcome the consequence of unfairness transactions. In spite of that, various problems occur from the transaction and relevant to both doctrines. Many judges and lawyers seem to confused by the concept of unconsionability and undue influence during their application of these doctrines of transactional fairness. Undue Influence Undue influence is the unconscientiously
entirely by untrue information made by the other party. Misrepresentation can lead to a contract to be voidable. Voidable contract means there is a valid contract whether is written or verbal. In any voidable contracts, a party has a choice whether to rescind or to continue with the contract. However, there are certain circumstances and elements of misrepresentation that can cause a contract to be voidable. Misrepresentation can occur in a number of ways. Under Section 18 of the Contract Act 1950, misrepresentation
formalities, it is called a Void contract. Voidable Contract: Any contract which is deficient in only free consent is known as Voidable Contract. It can be termed as a contract that is made some kind of pressure either physical or mental. At the option of suffering party, a voidable contract may become either Valid or Void in the future. For example, if there is a contract between A and B where B has forcibly made A involved in the contract, then it is a voidable contract at the option of A. Illegal Contract:
Various elements must be present to prove that a valid contract exists between Sam and the chain store. These four elements required for a contract are the agreement, the consideration, contractual capacity, and a legal object. The first element is the agreement which starts with an offer between two parties known as the offeror and offeree. The offer has three elements serious intent to bond an agreement together, logically definite term, and the communication to the offeree. Once the offer has
unconscionability is a basis for undue influence and both of these doctrines share a lot of similarities. However, the main issue that arises is: whether the doctrine of unconscionability is appropriate to form the underlying basis for a claim of voidable contract on the ground of undue influence. 2.0 Elements for unconscionability In order to answer the issue which is stated above, it is pertinent to discuss the elements of the two doctrines. First we need to discuss the elements of unconscionability
Gore v Gibson (1845), it was held that a contract made by a person so intoxicated as not to know the consequences of his act is not binding on him if his condition is known to the other party. However, that such a contract is not void but merely voidable, it was held in Matthews v Baxter (1873) that if the drunken party, upon coming to his sense, ratifies the contract, he is bound by
A contract can become voidable under the following circumstances: • A party was coerced or threatened into signing the agreement • A party was under undue influence (one party is able to dominate the will of another) • A party is not of sound mind or mentally competent (minor
in return and no consideration. Gift is voidable. Travelco will strongly argues that Polly did not give any consideration, and it was a gift. Therefore, Travelco can void the promise. Conclusion Travelco should assert i) no valid offer because it was an advertisement – Travelco is likely win, ii) if there was an offer, the offer was properly revoked – Travelco will not likely win, and iii) no valid consideration makes the gift promise that is voidable – Travelco will likely win. 2. Damages
the market place rely on those agreements. Forms of Contracts There are different forms of contracts the vary basing o the execution, validity and nature of consideration. I will discuss Bilateral contracts, Unilateral contracts, Void contracts, Voidable contracts and Bilateral contracts is about both entities have to deliver their obligation and duties as stated in the agreement Unilateral contracts whereby consideration is to be served by one of the party to the other one after the contract. Offer
1. Contract Law in Private Enterprise Discuss the importance of contract law to the private market system. How does contract law provide flexibility and precision in business dealings? Private law enables private agreements to be legally enforceable. Enforceability of agreements is desirable because it gives people the certainty they need to rely on the promises contained in an agreement. Contract law provides enormous flexibility and precision in business dealings. It provides flexibility where
This essay will examine the subject of consideration in contract law. In doing so it will examine how and why the doctrine of consideration was initially used and how it has developed over time; by analysing how economic duress has come into play and developed over time to fill in the gap on whether consideration in a contract is sufficient or where one of the parties is threatening to terminate a contract unless the other party agrees to their first party’s demands and where the second party has
patients, drunkards, corporations and minors. A minor may enter into a contract. The other party to this agreement, however, takes a risk that the minor may not fulfil the contract where it is for non-essential goods or for money, i.e., the contract is voidable at the option of the minor. Capacity may also refer to the authority of a legal person, in particular a company, to enter into contracts. A company’s capacity to contract is determined by its Memorandum of Association and its Articles of Association