1. Impossibility
2. Illegality
3. Undue Influence
4. Fraud
5. Mistake
5.1. Generally, a mistake is a belief that is not in accord with the facts at the time of contracting with regard to basic or material assumption on which the contract is made.
5.2. Mutual
5.2.1. Both parties are mistaken about a basic assumption upon which the contract was made. Both parties are equally innocent
5.2.2. Pure mutual mistake
5.2.2.1. parties are mistaken about the same thing, neither party knew
5.2.3. Mistakes as to the existance of the subject matter
5.2.3.1. Rose the barren cow did not exist
5.2.3.2. risk is not assumed
5.2.3.3. contract will be set aside
5.2.4. Often results in the rescission or reformation of the contract
5.3. Unilateral
5.3.1. Normally, contracts are not set aside with a unilateral mistake as only one party is mistaken
5.3.2. Did the non-erring party know or should have known of the mistake or error
5.3.2.1. No 'snapping up'
5.3.3. Mistake in calculation
5.3.3.1. not set aside
5.3.4. Mistake in judgment
5.3.4.1. not set aside
5.3.5. Mistake as to the identity of the offeree
5.3.5.1. Contract likely set aside
5.4. Doctrine of conscious ignorance
5.4.1. if you enter into a contract and know you do not have all the facts, you may be precluded from using mistake.
6. incapacity
7. Unconscionability
8. Duress
9. Misrepresenation
9.1. Four elements to
9.1.1. Was there a misresentation?
9.1.2. The misrepresenation was material or fraudulent
9.1.2.1. Fraudulent Misrep.
9.1.2.1.1. the misrepresenter knew what they were saying was false/a lie and they intended to induce reliance or difficult to prove
9.1.2.1.2. misrepresenter knows there is absolutely no basis for what they are saying.
9.1.2.2. Material Misrep
9.1.2.2.1. Caused a reasonable person to enter into the contract
9.1.3. Did the person rely upon the misrepresentation
9.1.4. Was the person justified in relying on the misrepresentation