Get Started. It's Free
or sign up with your email address
Consent by Mind Map: Consent

1. Undue Influence

1.1. Special Relationship

1.1.1. Presumed that P entered into the contract as a result of undue influence D rebuts presumption and contract VOID D does not rebut and contract voidable

1.2. No special relationship

1.2.1. Does the evidence describe that P entered the contract as a result of undue influence? If YES, contract voidable If NO, contract remains valid

2. Unconscionability

2.1. Was P under a special disability?

2.1.1. If YES, did D take advantage? If YES, then contract is voidable

2.1.2. If NO, then contract is valid.

3. Mistake

3.1. Common

3.1.1. Same error by both parties VOID (rectification may be available)

3.2. Mutual

3.2.1. Different errors by both parties VOID

3.3. Unilateral

3.3.1. One party is mistaken VOID/Voidable/rectification may be available

3.4. Non-est factum

3.4.1. Mistake as to nature of document VOID

4. Misrepresentation

4.1. Fraudulent

4.2. Innocent

4.3. Negligent

5. Duress

5.1. Did D pressure P, directly or indirectly? Did that pressure go beyond what is legitimate? Was this pressure a reason for P entering into the contract?

5.1.1. Against the person Voidable

5.1.2. Against goods Voidable

5.1.3. Economic Voidable