FACTORS AFFECTING CONTRACTS

• What factors would contribute to a contract being found: void; voidable; valid; illegal; unenforceable?
• How do the following factors affect the validity of a contract:
• Mistake:
• unilateral
• common
• mutual
• Misrepresentation
• negligent
• innocent
• fraudulent
• Duress -physical or financial "gun to the head" scenarios
• Undue Influence -addresses "special relationships" of vulnerability and dependence
• Unconscionable Transactions

1.Compare and contrast the common law system and the civil law system.

2.Explain the difference between offer and invitation to treat. Give an example of each.

3.What must be proven in order to have a contract set aside for misrepresentation?

4.Explain the difference between the standard of care that is applied to average members of society and the one that is applied to persons who have specialized training.

5.What are the steps to an action for the tort of negligence?