1. Lesson 8-1 Quiz Review

2. Genuine Assent What it is What it is NOT
States both parties must be able to enter a contract under their own “Free Will”
Without force (Duress), being misled (Misrepresentation) or lied to (Fraud)
Not about fairness (Consideration)
Not about understanding your actions (Capacity)
Not about agreed terms (Offer and Acceptance)

3. Genuine assent facts
Also known as Genuine agreement or mutual agreement
Allows both parties to make decisions on their own with all the facts they feel they need (Material)
Only 1 of 6 parts of a valid contract

4. What happens when a contract lacks Genuine assent?
Contract becomes “Voidable”, not void
Only the “injured party” has the right to rescind
Rescind means to back out of the deal
Rescission must occur before ratification
Ratification means to agree (Sign, handshake)

5. What is duress?
Duress means to force someone to do something against their will
Duress is illegal and allows the injured party to void the contract, because the contract is missing genuine assent

6. What are the types of duress?
Threaten to Report a Criminal Act
Threaten to Commit a Criminal Act to force an action
Threaten to Sue someone, when not serious
Threaten Economic Harm

7. How is duress proven? Threat and the Alternatives
Prove the victim was in fact threatened and show they had no alternatives but to agree
Alternatives means, they may have accepted the agreement, but not by choice, but rather through fear

8. Is Undue influence a form of duress?
Yes, it is
Undue Influence is based on being pressured from someone who has power over you (Boss, Politician, etc..)
Must prove a relationship exists and the person was unfairly persuaded based on this relationship

9. Questions?
Quiz Time!
Spread out…