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Promissory estoppel (detrimental reliance) when you promised, I relied on that promised,
and thus I got harmed
(acted before promise was made)
void neither side can enforce (illegal)
voidable one side can choose to enforce it
minor person under 18
IS VOIDABLE
intoxication person under the influence
intoxicated person is VOIDABLE at his option once sober
insanity can be void or voidable depending on if the court rules that you lack capacity
, Binder GSU Exam 2 - BUSA 21O6 With
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undue influence defense to transactions imposed on weak/vulnerable people
duress forced
usury max interest rates allowable for a transaction
The 5 steps for a Breach of Expressed Contract 1. existence of valid contract
2. breach (broke)
3. plaintiff notified defendant of breach
4. plaintiff performed all conditions precedent to filing action (did its part)
5. damages
implied contract contract with understood terms
in fact - conduct (defendant's conduct made it seem like...)
in law - unjust enrichment (quasi contract)
, Binder GSU Exam 2 - BUSA 21O6 With
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unconscionable contract (contract of adhesion) one-sided consumer contract where there's
no ability for negotiation
What are the 6 Boilerplate Clauses? 1. Default and Acceleration
2. Choice of Law
3. Forum Selection
4. Attorney's Fee
5. Severability/Savings
6. Modification/Merger
default and acceleration you failed to pay, so you are now in default and your entire
payment is due now
choice of law where law is enforced (location)
forum selection venue
Hint: you want the place of litigation to be where you are