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Chapter 14 Andreson's Business
Andreson's Business Law
12
Business
Undergraduate 3
04/29/2009

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Term
contractual capacity
Definition
ability to understand that a contract is being made and to understand its general meaning
Term
factual incapacity
Definition
may exist because of a mental condition caused by medication, drugs, alcohol, illness, or age, a person does not understand that a contract is being made or understand its general nature
Term
status quo ante
Definition
original positions of the parties
Term
necessaries
Definition
things indispensable or absolutely necessary for the sustenance of human life
Term
unilateral mistake
Definition
a mistake by only one of the parties as to a fact does not affect the contract when the mistake is unknown to the other contracting party
Term
reformation
Definition
remedy by which a written contract is corrected when it fails to express the actual intent of both parties because of fraud, accident, or mistake
Term
fraud
Definition
making of a false statement of a past or existing fact, with knowledge of its falsity or reckless indifference as to its truth, with the intent to cause another to rely thereon, and such person does rely thereon and is harmed hereby
Term
confidential relationship
Definition
relationship in which, because of the legal status of the parties or their respective physical or mental conditions or knowledge, one party places full confidence and trust in the other.
Term
undue influence
Definition
influence that is asserted upon another person by one who dominates that person
Term
physical duress
Definition
threat of physical harm to person or property
Term
economic duress
Definition
threat of financial loss
Term
duress
Definition
conduct that deprives the victim of free will and that generally gives the victim the right to set aside any transaction entered into under such circumstances
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