BLBU 2234 Lecture 4: Invalid Assent
15 Feb 2019
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Both sides need to knowingly and willingly enter into contract. Are aware of exactly what they"re entering into. If under physical threat you will do whatever you can to get out of threat: sign contract. Contract exists, injured party has to say they want out- disaffirmed (within reasonable period of time) Threatened party has to decide whether or not they want to keep deal. Undue influence: manipulating other party through position of power: contest to a will (prove lack of testamentary or under undue influence) Bring evidence of confidential relationship, establishes transaction wouldn"t have happened between reasonable people: ex. Selling house for : unusual for parents not to leave inheritance, burden of proof shifts have to show evidence they didn"t exert any undue influence. Whether or not you use the power to influence. Holds back important information that had person known they wouldn"t enter.
