If there is a valid defense to a contract, it may be voidable, meaning the party to the contract who was the victim of the unfairness may be able to cancel or revoke the contract.
In some instances, the unfairness is so extreme that the contract is considered void, in other words, a court will declare that no contract was ever formed.
The function of the court is to enforce agreements only if they exist and not to create them through the imposition of such terms as the court considers reasonable.
[A] Introduction In order that a separation agreement between a husband and wife may be upheld as valid and enforceable, it must have been entered into freely, fairly, and voluntarily, and be free from coercion, duress, or undue influence.
The courts may not create a contract for the parties.
When the parties have no express or implied agreement on the essential terms of a contract, there is no contract.
How does the law determine which promises are enforceable contracts and which are not? In a dispute, the court must initially determine whether the agreement constitutes a contract or not.
In order for an agreement to be considered a valid contract, one party must make an offer and the other party must accept it.
Courts are only empowered to enforce contracts, not to write them, for the parties.
A contract, in order to be enforceable, must be a valid.
The book's comprehensive, yet succinct, approach provides the depth of coverage ideal for business success and CPA exam preparation without technical jargon.
The text includes both landmark and recent cases with the facts and decision summarized for clarity, while the opinion is carefully edited to preserve the language of the court.
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