The Corruption of Agreements — Forged Documents, Mistaken Beliefs, Overborne Wills
Even a properly formed contract can be voidable — or void — if the circumstances of its making were tainted. Module IV examines the defenses that can undo an otherwise valid agreement.
The Statute of Frauds (Chapter 10) requires certain contracts to be in writing. Mistake (Chapter 11) addresses what happens when the parties share a false assumption about a basic fact. Improper bargaining (Chapter 12) covers duress, undue influence, misrepresentation, and unconscionability. And incapacity (Chapter 13) asks whether the promisor had the legal power to contract at all.
Module outcomes
By the end of this module, you can:
- Identify which contracts fall within the Statute of Frauds under R2d §§ 110, 129-134 and decide whether a writing satisfies the signed-memorandum requirement.
- Distinguish mutual mistake (R2d § 152) from unilateral mistake (R2d § 153) and apply the elements that make each a basis for avoiding a contract.
- Analyze improper-bargaining defenses — duress (R2d §§ 174-176), undue influence (R2d § 177), misrepresentation (R2d §§ 162-164), and unconscionability (R2d § 208 / UCC § 2-302) — and match the right doctrine to the right facts.
- Apply the incapacity rules for minority (R2d §§ 14, 18) and mental incapacity (R2d § 15), and explain the consequences of disaffirmance.
- Evaluate whether a defective formation should void the contract, make it voidable, or merely give rise to restitution — and explain the difference at remedy.
Chapters
10 The Statute of Frauds Saruman's Forgeries
11 Mistake The Council's Mistake
12 Improper Bargaining Wormtongue's Whispers
13 Incapacity Pippin's Palantír