Understanding Actual and Presumed Undue Influence in Contracts
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Questions and Answers

What is the main difference between waiving your actual rights and waiving rights that you can have in the future?

You can waive your actual rights, but you cannot waive rights that you can have in the future.

Give an example of restraint of trade in a contract.

An employment contract stating that an employee cannot start her own business or work for a competitor after her employment has ended.

When can a contract be voided based on morals?

A contract could be voided if it is against the moral views that a society holds dear.

What is the general rule when both parties are guilty of an illegal contract?

<p>When both parties are guilty (in pari delicto), there can be no recovery of any money or property.</p> Signup and view all the answers

In what case can one party recover money or property in an illegal contract?

<p>If one party has been unfairly induced into an illegal contract due to duress or undue influence.</p> Signup and view all the answers

Give an example of a current critical case related to contract legality.

<p>Surrogate motherhood and trading in body parts and human blood.</p> Signup and view all the answers

Which countries forbid surrogacy by law?

<p>France and Spain.</p> Signup and view all the answers

What type of surrogacy is allowed in the UK and Netherlands?

<p>Altruistic surrogacy, where only reimbursement for expenses is permitted.</p> Signup and view all the answers

What happens when both parties are guilty and knew they were committing a crime in a contract?

<p>They would have no action to claim anything against the other party because the contract is completely void.</p> Signup and view all the answers

Explain the concept of waiving rights in a contract.

<p>You can waive your rights of a song you created but not of future ones.</p> Signup and view all the answers

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