This podcast by Professor Jennifer S. Martin explains when agreements are not enforceable as contracts because they are not supported by consideration due to the fact that the promise is based on past action or a moral obligation. It also presents common situations involving past consideration, including the exception provided under the material benefit rule. […]
Entries Tagged as 'mistake'
Discussions in Contracts: Misunderstanding and Mistake
December 29th, 2017 · Comments Off on Discussions in Contracts: Misunderstanding and Mistake · Contracts, Lawdibles Audio
This podcast by Professor Jennifer Martin discusses the basic concepts related to the assent related defense of mistake. There are three sets of defenses that might be used to avoid enforcement of a contract which is otherwise valid: (i) capacity related defenses; (ii) assent related defenses; and (iii) public policy related defenses. This podcast will also […]
Tags:1L·allocation of risk·assent defenses·Contracts·mistake·misunderstanding·mutual mistake·risk of mistake·unilateral mistake
