Did both given parties have the capacity to make a contract

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Assignment

We turn to the second of the four requirements for a valid contract. The requirement of real assent raises the following major questions:

1. Did the parties enter into the contract of their own free will, or was one forced to agree under duress or undue influence?

2. Did the parties enter into the contract with full knowledge of the facts, or was one or both led to the agreement through fraud or mistake?

3. Did both parties have the capacity to make a contract?

I. Duress and Undue Influence

A. Duress

When a person is forced to do something against his or her will, that person is said to have been the victim of duress-compulsion. There are two types of duress:

1. Physical duress
2. Duress by improper threat.

Attachment:- Foundations-of-business-Law.rar

Reference no: EM131661694

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