Podcast
Questions and Answers
What is the main difference between a void contract and a voidable contract?
What is the main difference between a void contract and a voidable contract?
- A void contract has the power to dissolve the legal relationship, while a voidable contract creates no contractual obligation at all.
- A void contract creates no contractual obligation at all, while a voidable contract allows one or both parties to dissolve the legal relationship. (correct)
- A void contract remains in effect until one party exercises their right to dissolve it, while a voidable contract remains in existence but may not be enforced by courts.
- A void contract is always enforceable by courts, while a voidable contract may or may not be enforced under certain circumstances.
Which defense involves one party being forced into an agreement through threats or coercion?
Which defense involves one party being forced into an agreement through threats or coercion?
- Duress (correct)
- Illegality & public policy
- Unconscionability
- Mistake
In what situation does an unenforceable contract remain in existence but may not be enforced?
In what situation does an unenforceable contract remain in existence but may not be enforced?
- When a separate provision within the contract makes it unenforceable under certain circumstances. (correct)
- When the contract is void due to events or conditions at the time of formation.
- When the contract satisfies the conditions of contractual validity.
- When the contract is deemed null and void by one of the parties involved.
Which defense refers to a situation where a party has been misled about the terms of an agreement?
Which defense refers to a situation where a party has been misled about the terms of an agreement?
What is the key characteristic of an agreement that is considered unenforceable?
What is the key characteristic of an agreement that is considered unenforceable?
Explain the concept of rescission in the context of voidable contracts.
Explain the concept of rescission in the context of voidable contracts.
How does unconscionability differ from illegality in the context of contract defenses?
How does unconscionability differ from illegality in the context of contract defenses?
Discuss the significance of the Statute of Frauds in contract formation defenses.
Discuss the significance of the Statute of Frauds in contract formation defenses.
Explain how capacity to contract plays a role in avoiding legal obligations at the time of formation.
Explain how capacity to contract plays a role in avoiding legal obligations at the time of formation.
In what circumstances can a contract be considered void, and what implications does this have on contractual obligations?
In what circumstances can a contract be considered void, and what implications does this have on contractual obligations?
What are the implications of misrepresenting one's age in a contract involving a minor?
What are the implications of misrepresenting one's age in a contract involving a minor?
Explain the concept of restitution in the context of voidable contracts involving minors.
Explain the concept of restitution in the context of voidable contracts involving minors.
What options does a minor have upon reaching the age of majority regarding a voidable contract?
What options does a minor have upon reaching the age of majority regarding a voidable contract?
In what circumstances can emancipation affect a minor's capacity to enter binding contracts?
In what circumstances can emancipation affect a minor's capacity to enter binding contracts?
What is the role of restitution in cases where a contract with a minor is voidable?
What is the role of restitution in cases where a contract with a minor is voidable?