Genuine Assent
Misrepresentation & Fraud
Mistakes in Contracts
Consideration Essentials
Consideration: Special Rules
100

Physical threat used to force a contract.

Duress

100

Fact important enough to influence a decision.

Material fact

100

Both parties are wrong about the same fact.

Mutual mistake

100

A promise without real obligation.

Illusory

200

Improper persuasion from a trusted person.

Undue influence

200

Depending on a false statement.

Reliance

200

Only one party is mistaken.

Unilateral mistake

200

Giving up a legal right.

Forbearance

200

When amount of debt is known.

Liquidated

300

False statement of material fact.

Misrepresentation

300

Hiding a defect intentionally.

Concealment

300

A mistake that does NOT void a contract.

(mistake in) Value

300

Courts don't judge this part of consideration.

Adequacy

300

Agreement settling a disputed debt.

Accord

400

Misrepresentation with intent to deceive.

Fraud

400

Element that separates fraud from innocent error.

Intent

400

Mistake about an important existing fact.

Mistake of fact.

400

Symbolic or small form of consideration.

Nominal

400

Payment that completes an accord.

Satisfaction

500

Canceling a contract to original positions.

Rescission

500

Misrepresentation without intent to deceive.

Innocent

500

A substantial/important mistake allowing contract cancellation.

Material mistake.

500

When both benefit and detriment are exchanged

Consideration

500

Promise enforced due to reliance.

(promissory)  Estoppel

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