LAW 122 Lecture Notes - Lecture 10: Undue Influence, Fiduciary, Personal Development
Document Summary
Opinion can"t be misinterpretation because there is no statement of fact. Statement is more like a fact because it"s an experts opinion. Yes it is reliable to depend on the opinion as a fact due to the fact that is an experts opinion. Voidable protected party has a choice whether or not to proceed the. Void there is no choice, the contract is dead. Rescission treat contract as if it never happened. 16 year old wants to rent a phone but doesn"t want. They have to stay in the contract and follow through. The other party must know or ought to know that you are seriously incapacitated when forming the contract. Contract may be voidable due to unfairness: duress. Problems with the circumstances around the creation of the contract (surrounding circumstances: undue influence. Parties in some sort of relationship with trust (if one of the parties is extremely vulnerable: unconscionable transactions.