§ 27.Syn Synopsis to Chapter 27: capacity of parties

§ 27.1 Introduction

§ 27.2 Introduction to the Contracts of Infants

§ 27.3 Transactions That Infants Cannot Avoid

§ 27.4 Avoidance and Ratification

§ 27.5 Effect Upon Ratification of Ignorance of Law or Fact

§ 27.6 Obligations of Restitution Upon Disaffirmance

§ 27.7 Torts Connected With Contracts

§ 27.8 Liability of Infants for Necessaries

§ 27.9 Infants' Liability for Benefits in New Hampshire

§ 27.10 Introduction to the Contracts of the Mentally Infirm

§ 27.11 Requirement of Restitution

§ 27.12 Avoidance and Ratification

§ 27.13 Liability for Necessaries

§ 27.14 Intoxicated Persons

§ 27.15 Exploitation of Alcoholics and Weak-Minded Persons

§ 27.16 Contracting With Oneself

§ 27.17 Contracting With Oneself and Another

Supp. To CHAPTER 27 CAPACITY OF PARTIES 3

Supp. to § 27.1 Introduction

Supp. to § 27.4 Avoidance and Ratification

Supp. to § 27.10 Introduction to the Contracts of the Mentally Infirm

CHAPTER 28 AVOIDANCE OR REFORMATION FOR MISCONDUCT OR MISTAKE 55

§ 28.syn Synopsis to Chapter 28: AVOIDANCE OR REFORMATION FOR MISCONDUCT OR MISTAKE

§ 28.1 Scope of This Chapter and Rationale

§ 28.2 The History and Elements of Duress

§ 28.3 Wrongful Acts or Threats-Abuse of Rights

§ 28.4 Threats of Imprisonment or Criminal Prosecution

§ 28.5 Duress of Property: Assertion of Liens

§ 28.6 Coerced Settlements or Contract Modifications

§ 28.7 Business Compulsion

§ 28.8 Remedies for Duress-Ratification

§ 28.9 Background of Undue Influence

§ 28.10 Elements of Undue Influence

§ 28.11 Undue Influence: No Confidential Relationship

§ 28.12 Remedies for Undue Influence

§ 28.13 Elements of Misrepresentation

§ 28.14 Scienter and Materiality

§ 28.15 Deception and Reliance

§ 28.16 Injury

§ 28.17 Fact Versus Opinion

§ 28.18 Fact Versus Law

§ 28.19 Fact Versus Intention and Promise

§ 28.20 Nondisclosure-Implied Warranty

§ 28.21 Disclaimers-Merger Clauses-''As Is''

§ 28.22 Fraud in the Factum Distinguished From Fraud in the Inducement

§ 28.23 Remedies: Election, Express Warranty, Restitution, Measurement of Restitution

§ 28.24 Adequacy of the Case Law of Fraud

§ 28.25 The UNIDROIT Principles

§ 28.26 Terminology: ''Avoidance,'' ''Rescission,'' ''Cancellation,'' ''Termination''

§ 28.27 What Is Meant by Mistake and What Material Factors Must Be Considered?

§ 28.28 Agreed Allocation of Risks: Conscious Uncertainty Distinguished From Mistake

§ 28.29 Mistake or Misunderstanding in the Expression of Assent

§ 28.30 Mistake as to Existence of Subject Matter Necessary to Performance

§ 28.31 Mistake as to Identity of a Party to a Bargain

§ 28.32 Cases in Which Identity Is Immaterial

§ 28.33 Mistake in Sales of Land, as to Title, Area, Quality, or Price

§ 28.34 Releases-Mistake as to Personal Injuries and Employment Rights

§ 28.35 Mistake or Ignorance of Value or as to Factors That Affect Value

§ 28.36 The ALCOA Case

§ 28.37 Negligence and Delay of Mistaken Party, Change of Position by Others, and Ratification

§ 28.38 Mistake Caused by Failure to Read a Document Before Signing

§ 28.39 Must Mistake Be Mutual? Unilateral Mistake Compared

§ 28.40 Unilateral Errors of Computation in Preparing Bids and Offers

§ 28.41 Mistake by One Party, the Other Having Knowledge or Reason to Know of It

§ 28.42 Contract May Be Voidable by One Party and Not by the Other

§ 28.43 Unilateral Mistake as Ground for Refusing Specific Enforcement

§ 28.44 Remedies for Mistake-Effect of Amalgamation of Law and Equity

§ 28.45 Reformation of Mistaken Instruments

§ 28.46 Reformation for Duress

§ 28.47 Procedure and Burden of Proof in Getting Reformation

§ 28.48 Mistake in Payment or Other Performance

§ 28.49 Mistake of Law-Its Effect Upon a Contract

§ 28.50 Restitution of Money Paid Under Mistake of Law

§ 28.51 Mistake of Law Caused by Misrepresentation

§ 28.52 Mistake as to the Legal Effect of Words Used in a Contract or Deed

§ 28.53 Mistake as to Rights and Other Legal Relations

§ 28.54 Mistake of Foreign Law

Supp. To CHAPTER 28 AVOIDANCE OR REFORMATION FOR MISCONDUCT OR MISTAKE 30

Supp. to § 28.1 Scope of This Chapter and Rationale

Supp. to § 28.2 The History and Elements of Duress

Supp. to § 28.3 Wrongful Acts or Threats-Abuse of Rights

Supp. to § 28.6 Coerced Settlements or Contract Modifications

Supp. to § 28.8 Remedies for Duress-Ratification

Supp. to § 28.13 Elements of Misrepresentation

Supp. to § 28.14 Scienter and Materiality

Supp. to § 28.15 Deception and Reliance

Supp. to § 28.19 Fact Versus Intention and Promise

Supp. to § 28.20 Nondisclosure; Implied Warranty

Supp. to § 28.21 Disclaimers-Merger Clauses-''As Is''

Supp. to § 28.22 Fraud in the Factum Distinguished From Fraud in the Inducement

Supp. to § 28.23 Remedies: Election, Express Warranty, Restitution, Measurement of Restitution

Supp. to § 28.27 What Is Meant by Mistake and What Material Factors Must Be Considered?

Supp. to § 28.28 Agreed Allocation of Risks: Conscious Uncertainty Distinguished From Mistake

Supp. to § 28.29 Mistake or Misunderstanding in the Expression of Assent

Supp. to § 28.31 Mistake as to Identity of a Party to a Bargain

Supp. to § 28.32 Cases in Which Identity Is Immaterial

Supp. to § 28.33 Mistake in Sales of Land, as to Title, Area, Quality, or Price

Supp. to § 28.35 Mistake or Ignorance of Value or as to Factors That Affect Value

Supp. to § 28.37 Negligence and Delay of Mistaken Party, Change of Position by Others, and Ratification

Supp. to § 28.38 Mistake Caused by Failure to Read a Document Before Signing

Supp. to § 28.39 Must Mistake Be Mutual? Unilateral Mistake Compared

Supp. to § 28.40 Unilateral Errors of Computation in Preparing Bids and Offers

Supp. to § 28.41 Mistake by One Party, the Other Having Knowledge or Reason to Know of It

Supp. to § 28.42 Contract May Be Voidable by One Party and Not by the Other

Supp. to § 28.44 Remedies for Mistake-Effect of Amalgamation of Law and Equity

Supp. to § 28.45 Reformation of Mistaken Instruments

Supp. to § 28.48 Mistake in Payment or Other Performance

Supp. to § 28.49 Mistake of Law-Its Effect Upon a Contract

CHAPTER 29 UNCONSCIONABILITY AND THE DUTY TO READ 13